Owners' Committee Of Civil Litigation Subject Qualification Study

With our housing system reforming and property administration system is perfect, the committee as the guardian of the legitimate rights and interests in property management had spread and popularization. Our Legislative Committee on the election of the owners, duties, rights and obligations of the provisions made, but the owners of the Committee on the civil nature of the entity are not clearly defined, so that when involved in civil cases, the owners of the Committee for the ability to own name safeguard the legitimate rights of the owners to take part in proceedings on into the "embarrassing." Owners Committee on Civil Litigation Qualification physical nature of the problem in theory lead to a wide range of academic discussion, legal entities, the owners are trying to resolve the nature of the Commission to start a civil entity, then the Commission's civil action to determine qualification of the owners, but the issue still no agreement, mainly in corporate said, other organizations and the general organization said that three kinds of views. However, from the current owners of the Committee of Our current situation of Civil Procedure Qualification, owners of the Committee of Civil Procedure clearly the main qualification is necessary and urgent. Article that the owners of the Committee the nature of a civil solution to the problem entities, owners of the Committee is not clear prerequisite for qualification of civil litigation, civil legislation can directly established by the Committee of Civil Procedure Qualification owners, civil subject and the main separation theory provides civil a theoretical foundation, but also from other countries and regions of the legislation, most of the countries and regions have adopted legislation specifically gives the owners of Civil Procedure Qualification Committee. Therefore, both the subject of litigation from our property owners eligible for the status of the Commission or from the experience of developed countries, our country should be clear in the civil legislation of the main owners of the Commission's civil status. Articles include introduction, body and conclusion of three parts, of which the main body of the following four aspects:First, the article on the owners committee system in China are briefly introduced, proposed in this paper to study the issue, that the owners of Civil Action of subject, for the owners of the Committee later in the discussion of Civil Procedure Qualification basis.Secondly, the article on my main qualifications owners committee of the legislative status of civil, judicial status and theoretical status of three aspects of detail and analysis, the analysis concluded, either from the owners of the Committee of Our Civil Procedure Qualification Legislative, Judicial current situation, or from our theoretical study of legal scholars look at the situation, the Commission's civil action should be clear Qualification owners.Again, article on the owners of other countries and regions, Committee on Civil Procedure Qualification requirements are introduced and analyzed, as countries have different national conditions, owners of the Committee for the litigation of civil status and qualification of the main provisions are inconsistent, but the owners have approved the Commission's civil Litigation Qualification, that the owners committee can independently participate in the proceedings in his own name.Finally, the paper owners of the Committee clearly the meaning of Civil Procedure Qualification, and its theoretical basis for the separation of civil subject and the theory of civil subject analysis based on the above analysis the owners of the committee system in our country the status quo of the legislative proposals Our civil legislation should be clear in the Commission's civil action the owners of the main qualifications, and through the improvement of related systems to provide protection for this.