On The Legal Status Of The Owners Committee

When how to exercise the basic rights and protect their legitimate interests according to the relevant principles of the modern property management system has become a growing concern of the majority of owners,the owner committee system has become a natural choice,however,the reality is limited to the defects of the legislative level,which seriously restricts the owner committee.The positive role of the industry committee system has also become a great reality.This study focuses on the legal status of the Owners' Committee,based on the summary of the current legislative vacancies and the analysis of the due qualifications of the industry committee,and draws the conclusion that it is urgent to clarify the legal status of the industry committee.Specifically,this paper is based on the following logic.First of all,through three representative cases to lead to this paper need to study the topic,secondly,through the industry committee concept,development process,characteristics,functions and rights sources of induction and summary to improve their understanding,again from the academic analysis of the industry committee should have what kind of legal status,and finally combined with the reality of the question Put forward the perfect path.Four parts of the succession,can complete the purpose of this study,that is,through legislation to further clarify the legal status of the industry committee,give its subject of litigation qualifications.In addition,it is worth emphasizing that this study focuses more on theoretical research,using normative analysis and case analysis of the combination of research ideas.Firstly,through three typical cases,this paper leads to the topic,that is,what kind of legal status the industry committee should have,and thus triggers the relationship between the industry committee and owners,property management companies,exhibition work regulation system and how to further improve the thinking.Secondly,it summarizes and summarizes the basic connotation,historical origin and development process,characteristics,the source of the rights of the owners' Committee and the real functions and development status of the owners' committee,which lays a theoretical foundation for the further development of this study and discusses the qualification of civil subject.The legal status of the industry council should be analyzed.This paper argues that it is appropriate to classify the Owner's Committee as "other organizations" in the Civil Procedure Law and the Contract Law,which not only conforms to the actual situation of the Industrial Committee but also meets the actual needs.Finally,the paper mainly summarizes the existing problems of the industry committee,and puts forward the path choice of perfecting the industry committee system on the basis of the useful experience of foreign legislation.On the basis of the investigation of the extraterritorial legislative mode,this paper puts forward some legislative suggestions for promulgating the Regulations of the Owners' Committee,so as to clarify the legal status and grant the qualification of litigant subject.In addition,to improve the election mechanism of the industry committee,and to refine the operational norms should also be refined by the "Owners' Committee Regulations".Improving the funding guarantee of the Industry Council and strengthening supervision and management are also important ways to improve the industry committee system.