Research On The Legal Status Of The Owners' Committee

As the executive arm of the condominium owners, the owners'committee is a significant part of the owners'autonomy management. After the Real Right Law of the People's Republic of China was promulgated, the powers and the duties of owners'committee has been much clear. However, the Owners'Committee is haven't any legal statue in the Chinese legal regulation because of articles missing, therefore the theorists and practitioners has been debated on this issue all the time. The different point of view, which existed in theoretical and practical field, makes the Owners'Committee faced more difficulties during operation. The thesis is based on the analysis of present theory in order to make clear the legal statue of the Owners'Committee and provide the reference to improve the relevant legislation system of our nation. Firstly, this paper analyzes the sources of the rights of the Owners'Committee to prove its rationality and legitimacy. Secondly, introduce the present theory from the perspective of substantive law in order to clear and definite the statue of the Owners'Committee in this field. Furthermore, it is analyzed from the perspective of procedural law in order to find the standard which is appropriate for the Owners'Committee. Last but not the least, based on the research of the theory, which named the detach between appeal and right, and combined with the nature of the Owners'Committee at present in order to point that its necessity and superiority. Therefore, the theory has proved the civil procedural law statue of the Owners'Committee's rationality and legitimacy.