Thinking About Legislation On Qualification Of Suing Subject Of The Proprietor Committee

There is a proverb of law: "No benefits, no rights" With the development of the real estate industry, more and more people moved into the residential community. To manage the public property and maintain the public profit of the proprietors becomes the important part of public affairs. The proprietor committee shoulder the responsibility. However, the lack of the connected law leads to the imperfect maintaining of rights when facing a dispute. This paper will start form the main proceedings qualifications and analyze the litigant to get the record that propriety committee have the main proceedings qualification, then improve the legislation.The whole paper is divided into four parts, the contents as following:The first paragraph is the the present situation of the main proceedings qualifications. This paragraph introduces the present situation of the main proceedings qualifications from two views legislation and practice. In the view of legislation,'the estate management, regulation'only make sure propriety of the Committee are "owners", but not make sure its status of law. The new Property Law orders: when facing the behavior of hurting the propriety rights , the propriety can bring a case to court. In fact it avoids the problem of the main proceedings qualifications. In the practice, For propriety of the Committee on the status of the main proceedings, the Supreme Court and District Court take resolving legal disputes as the starting point, recognizing that they have qualified the main proceedings. But not the whole country is like this, such as Anhui, Jiangsu and so on, still not recognize. That makes there are two different ways under the same law, it shows the flaw of legislation.The second paragraph is"the main proceedings qualifications'legislation reference". This paragraph firstly study and summarize the characteristics of Hk and Taiwan propriety committee. There are"legal person form","Eclecticism form". Whatever take any way, legislation will give the qualification. Then it introduces we legal profession bring up different views about the qualification on the basis of studying other countries'theory, in order to let propriety belong to legal persons and make it have qualification. But according to my analysis, propriety committee have not this qualification. Finally, the writer get this result that whatever other organization's status, its management committee must have the rights of prosecution. Our country's propriety committee maintain the rights of propriety, so that law confer this rights to them, it must protect the coming true of their rights. So conferring the qualification to committee is tendency.The third paragraph is"the necessity to make sure the main proceedings qualification". This part points out the annoying which from have no qualification to make sure its importance.The forth paragraph is"the legislation of the propriety committee the main proceedings qualification". This part firstly make sure that propriety committee is a legal organization and have ability of Civil rights. Then the part introduces three theories from the point of civil litigation. It is that what is the basis of making sure the qualification of propriety committee. Thirdly, the paper poits out advantage and limitation though the comparison. And get the result that the protecting rights theory is the best way to build the qualification. At last,design two situation that committee taken as a prosecutor and a defendant to make the qualification come true.