Research On The Legal Status Of China's Owners Committee

The Owners' Committee is one of the owners' self-governing bodies stipulated in the "Property Management Regulations" promulgated by China in 2003.In 2007,the "Property Law" promulgated and implemented in China stipulated the main source of rights of the owners' committee-building ownership.The promulgation of two national legal documents marks the establishment and development of the owner's autonomy system in China.However,due to the short history of property management,less experience,the influence of planned economic system and the weak sense of citizen autonomy,there are currently two core issues,including whether the owners' committee of the substantive law Is one of the civil subjects stipulated in the General Principles of the Civil Law of China,whether it has the capacity for civil rights and civil capacity,whether the owners' committee of the procedural law has the qualifications of the litigant,whether it can sue in court or act as a defendant in its own name;It is the degree of self-government participation of public owners is too low.The former is the problem of judging the value of China's legislation,and the latter is related to the psychology of the public and the degree of social democracy.The former problem is also an indirect cause of the latter problem.The committee difficult to establish,difficult to record,difficult to operate,and lack of funds.In the judicial practice,it is difficult to make a case,difficult to judge,difficult to implement,and unclear in legal responsibility.problem.This series of problems led to the failure of the owners' committee to promote the grassroots democracy and maintain.Therefore,in view of the current unclear legal status of China's owners' committee,this paper will start from the evolution and development of China's owners' committee and the source of rights,and analyze the actual operation of China's current owners' committee due to the unclear legal status.A series of problems,combined with China's current property management legal system and the excellent legal experience of owners' autonomy in various regions of the world,re-identified the committee from both the substantive law and the procedural law.This paper believes that although the legalization of the owner's self-governing body is a major trend in the world's legislation,according to the current legislative situation in China and the actual nationalconditions,the owners' committee is positioned as the executive body of the owners' assembly,and does not have an independent meaning,and the owners' committee has no independent.Property rights,there is no basis for independent civil liability,the current status of the owners' committee as a legal person organization is lacking.On the contrary,positioning the owners' committee as an unincorporated organization is in line with China's current national conditions and is conducive to maintaining the unity of the rule of law.For the Owners' Committee's procedural law status,it is advisable to classify the Owners' Committee as the "other organization" in China's Civil Procedure Law and give it the qualification of the litigant.This not only conforms to the trend of world legislation,but also facilitates the owners' committee to maintain the community owners through litigation.Legitimate rights and interests are in line with the "cheap principle" of civil litigation.At the same time,according to the modern litigation rights and the theory of litigation separation,it also has certain rationality.China's judicial practice community currently has a supportive attitude towards the subject matter of the owners' committee and the qualifications of the parties.However,at the same time,due to the positioning of the unincorporated organization of the owners' committee,the legal responsibility of the owners' committee should be supplemented by the corresponding laws and regulations.