Study On The Qualification Of Subject Of Litigation Of Owners Committee

With the development of China’s estate industry and the commercialization of urban housing,the number of cases involving property rights and owners’ rights is increasing.Therefore,how to handle the qualification of the owners’ committee as the subject of civil litigation is a problem to be solved in judicial practice.Though,China’s "civil code","property management regulations" and other relevant laws and regulations of the provisions of the relevant concepts of the owners’ committee,do some,but the existing regulation does not have a systematic and targeted,also result in the theoretical circle to the owners’committee have civil litigation subject qualification,what is the condition of the owners’committee to participate in civil litigation?There are many divergences on how to assume litigation liability,which also leads to great differences in the judgments made by different judicial organs in the face of the same type of cases in China’s judicial practice.These disputes in theory and differences in practice are the fundamental purpose of the author’s study on the qualification of the subject of civil action of the owners’ committee.This paper is divided into four parts:The first part introduces the facts of the case and the judgment result.And then summed up the dispute point of this case is mainly the industry authority’s litigation qualification and its litigants qualified problems.The second part discusses the differences in the definition of the civil subject qualification of the owners’ committee,and summarizes the appropriateness of classifying the owners’ committee as an "unincorporated organization".Then it analyzes the relationship between the owners’ committee and the owners and the owners’ congress,so as to explore the scope of authority of the civil subject qualification of the owners’ committee.Finally,combining with the analysis of this case,the author thinks that the organization of the owners’committee should be standardized.The third part analyzes the relationship between the capacity for civil rights and the capacity for litigation rights.And emphasizes the importance of clarifying the capacity for civil rights for clarifying the capacity for litigation rights,and then points out the deficiencies in the status quo of the system of the subject qualification of the owners’ committee from the legislative and judicial aspects.Finally,this case points out that most of the disputes in judicial practice about the qualification of the subject of litigation of the industry authority point to the proper qualification of the parties in the case of the industry authority.The fourth part from the substantive law and procedural law two aspects of the owners of the committee to participate in civil litigation eligibility issues respectively put forward the requirements.As far as the substantive law is concerned,it is necessary to clarify the civil subject status of the owners’ committee and the types of civil proceedings it participates in.As far as the procedural law is concerned,the owners’ committee as the plaintiff belongs to the arbitrary litigation responsibility and must obtain the authorization of the owners’ congress.The owners’ committee as the defendant belongs to the statutory litigation responsibility,which needs to be clarified in the legislation.Finally,the feasibility of the above legislative proposals is discussed in the light of the case.