Research On The Legal Status Of The Owners' Committee

Due to the imperfection of legislation and disputes in judicial practice,there is no definite conclusion on how to determine the nature of the civil subject and litigation subject of the Owner Committee.As an important part of the owners' Congress and an important guarantee for realizing the common rights and interests of all owners,it is necessary to clarify the legal status of the owners' committee.In the first part,based on the current legal status of the Owner's Committee,this paper makes a preliminary discussion on the legal status of the Owner's Committee according to the current legislative status and the development track of the court's trial practice.It is believed that the study of the legal status of the Owner's Committee should start with its civil status and litigation status.The second part,through the way of enumeration,explains each theory one by one,which lays a foundation for clarifying the civil subject status and litigation subject status of the owners' committee.The third part,through the comparative method,this paper discusses the legislative provisions of France,Germany,Japan,the United States,Hong Kong,Macau and Taiwan respectively,deeply interprets the establishment,nature identification and function division of the Owner Committee,and summarizes the four extraterritorial models of the legal person model,the non-legal personality model,the compromise model and the case legal person model,so as to serve as the Owner Committee of our country.Provide reference for the trend of Legal Personalization and supervision and management mechanism.The fourth part,through the induction and analysis of various theories,this paper determines the civil subject status and litigation subject status of the owners' committee.On the issue of disputes over the civil subject status of the Owner's Committee,this paper makes a comparative analysis of the legal person group theory,other organizations theory and the branch office theory of the Owner's Congress from the aspects of legitimacy,name,property,organizational structure and liability undertaking,and determines that the nature of the civil subject status of the Owner's Committee should belong to the branch office of the Owner's Congress.On the subject,from the point of view that the status of litigation subject is consistent with that of civil subject,combined with court trial practice,this paper makes a comparative study of the theory of litigation subject qualification,the theory of non-litigation subject qualification and the theory of restricting litigation subject qualification,discusses the rationality and irrationality of various theories,and holds that the owner's member's litigation subject status adopts the theory of restricting litigation subject qualification.More appropriate.Because the qualification of the owners' committee is limited,the scope of litigation it can participate in should also be limited,and meet the premise based on the owners' common rights and interests.This paper lists the main litigation scope in which the owners' committee can participate,in order to distinguish its functional rights from the individual litigation rights of the owners in the community.