Study On The Civil Lawsuit Qualification Of Owners’ Committee

With the rise of the real estate industry,the owners committee,which is an important force of District Autonomy,plays a more and more important role in China’s social governance.In addition,in recent years,disputes involving owners’ committees and other parties are also getting more and more.People’s courts handle more and more cases concerning owners’ committees as one of the parties in handling property management cases.Therefore,how to correctly handle the civil litigation of owners’committees Qualification is an urgent problem to be solved in judicial practice.Although China’s "Property Law","Property Management Ordinance" and other relevant laws and regulations,the relevant concepts of the owners of the Committee made some provisions,but still no law,a rule of law on the owners of the civil service to make a clear eligibility nor Whether the owners’ committee can participate in the civil litigation in its own name or not and how to bear the litigation responsibility and so on has many divergences in the theory circles,which causes great differences in the judicial practice of our country.These controversies and disagreements are the original intention of the author to study the qualification of civil litigation of the committee of owners.This article is divided into four main parts:The first part leads to the theoretical dispute and the substantive disagreement on the qualification of civil litigation of the owners’ committee through a case of second instance.There are mainly three kinds of views on the theoretical controversy,but there are two cases concerning the substantive disagreement.The author believes that the uncertainty of civil lawsuit qualification of the owners’ committee in our country’s legislation is an important reason for the disagreement between theory and practice.The second part mainly introduces the relevant legal theory of the owners’committee,elaborates the concept,the nature,the characteristic and the responsibility successively,and emphatically discusses the ownership division of the theoretical foundation building of the owners’ committee systematically.The author thinks that the ternary theory is more in line with our country Actually,it shows the nature of ownership more directly.At the same time,it also analyzes the relationship between the owners’ committee and the relevant law subjects.The third part of the author is mainly on the status of the civil service qualification committee of the owners conducted an analysis and reflection.On the basis of introducing the status quo of legislation at home and abroad,the status quo of the legislation is comparatively analyzed,and it is imperative to give the Civil Affairs Commission qualification of civil litigation.The introduction of judicial practice mainly from the judicial guidance of the Supreme Court,the practice of the High Court,the approval of the grassroots courts and other three aspects.In theoretical research,it is divided into two parts,substantive law theory and procedural law theory.In the aspect of substantive law,the author mainly summarizes the legal person theory,non-legal person organization theory and general organization theory.The main body of positive lawsuits,and the qualifications of the special litigants,and introduces the theories of the legitimate parties.The author thinks that the owners ’committee organizing the civil activities with unincorporated people is more in conformity with the actual situation of our country and believes that in practice,the qualification of the parties concerned should be emphasized and the qualification of civil litigation given to the owners’committee should be better able to solve the actual judicial conflict.Finally,the author analyzes the reasons for the existence of objections,elaborates the necessity of giving the litigation qualification,and analyzes the possibility of settling litigation qualification through the owners’ assembly.The fourth part is mainly put forward to perfect the civil litigation qualification of the owners’ committee suggested that the qualifications of civil litigation should be clear in the legislation,and regulate the exercise of civil rights,and the establishment of civil litigation supervision and accountability mechanisms.