Study On The Suitability Of Litigants Of Owner's Revocation Right

With the rapid development of China's real estate market in recent years,the number of property community is also increasing,the owner group is expanding,the owner rights protection cases are also increasing,as a member of the owners of the right to exercise relief means of the owner of the revocation of litigation cases are also increasing.However,the provisions of the property law and the civil procedure law are not perfect enough,which leads to many disputes in practice.Apart from the introduction,this paper is composed of four parts,and generally follows the line of thinking of "raising problems--analyzing problems--solving problems" :The first part is about the theory of the owner's right of revocation and the suitability of the parties.First of all,the essence of the revocation right lawsuit should be defined as "the revocation action by the resolution of the regional group of property management",which is the litigation formed in the procedural law.The objects of exercising the right include the resolution of the general meeting of the owners and the resolution of the business committee.In theory,the two main bases for the eligibility of parties are: 1.Direct interested parties;2.Litigation responsibility;3.However,there is no concept of qualified party in the civil procedure law of China,but the plaintiff and the defendant with direct interests are stipulated in the conditions of prosecution.The main content of the final delineation of this paper is: the direct stakeholders in the owner's right to revoke litigation and litigation.The second part is about the suitability of litigants of owner's revocation right,which includes three aspects: suitability plaintiff,suitability defendant and other subjects.First of all,the owner of course can bring a lawsuit to revoke the right of the owner,but whether the owner is a suitable plaintiff for a specific case needs to be considered in different circumstances,including the influence of the voting attitude,the time of the owner's qualification and the influence of the members of the business committee.Then it introduces the qualification of other interested parties besides the owners as the plaintiff,including the users of the property--mainly talking about the lessee,and the property manager--mainly talking about the housing leasing agent and family members acting as the property agent.Then there is the question of the qualified defendant: does the general meeting of the owners or the industry committee have the litigious ability of the parties and the status of the litigious subject? How to identify the eligible defendant when the owners' meeting is not establishedand how to identify the eligible defendant in the preparatory stage of the owners' meeting?The owners' committee is elected by the owners' general meeting.How to determine the suitability of the defendant when two owners' committees are elected? Finally,the author discusses the status of other subjects in the lawsuit of revocation right of owners,and mainly discusses the effectiveness of the judgment on other owners and property service agencies.The third part analyzes the causes of the problems mentioned above.Generally,there are clear legal provisions on the competent parties to the formation of litigation,but there are problems in the provisions on the original defendant in the property law,which are mainly as follows: the subject of the revocation right is not clear and the legal attribute of the general meeting of owners is unclear.Due to the high standard of prosecution conditions in the civil procedure law,non-owners are rejected by the court at the stage of filing a case and cannot make a specific judgment of eligibility.At the same time,there is a lack of relevant statutory litigation and arbitrary litigation.In the fourth part,the author proposes solutions to the problems.First of all,the subject scope of the property law that can exercise the revocation right of the owner should be improved,including the limitation of the scope of the owner and the expansion of other subjects besides the owner.Secondly,it is clear that the legal attribute of the general meeting of owners is unincorporated organization,which has the status of civil subject.Finally,we should perfect the relevant content about the eligibility of the parties in the civil procedure law.