Analysis Of The Legal Status Of The Owners’ Committee

China’s property law system, and its roots are very short."Property Management Regulations provides that:" The owners’ committee is the executive body of the owners’ meeting. For the legal status and the nature of the owners ’committee,"Property Management Regulations" qualitatively very vague, unclear legal status of the owners’ committee. In academia and practice of the legal status of the owners’ committee controversial. The growing number of real estate disputes, the rights on behalf of the owners’committee as a majority of the owners, whether the identity of the plaintiff sitting in a courtroom, the court knows very mixed. Although the property management practices, it is generally the owners’ committee as the other organizations to treat analysis, but from a legal responsibility on the owners’ committee or the owners can not bear the ultimate responsibility for the behavior of the owners’ committee. In other words, in accordance with the provisions of existing law, the owners’committee does not have any legal subject qualification. The status of the owners’committee needs the law to make clear.This article is divided into three sections:The first part describes the nature and legal characteristics of the owners ’committee, internal and external responsibilities of the owners’ committee. The owners’ committee is based on owners’ convention or law, established by the owners of the General Assembly elected in the real estate administrative departments under the guidance of the owners’ representative on behalf of the owners’ interests, supervision and property management company and the majority of owners to fulfill the owners’ convention folk organization.In the second part discusses the legal status of the owners’ committee. Described the owners’ committee of the Legislation and related theory, and analysis from the perspective of procedural law and substantive law, the legal relationship between the owners’committee and the relevant subjects. Stressed the importance of the owners’ committee shall have the legal status of Currently, the owners’committee in China does not have legal status, not the law of civil subject. The author believes that the procedural law and substantive law changes as soon as possible to recognize the separate legal personality of the owners’ committee. Clear the owners’committee in their own name in the property management activities, to safeguard the public interests of the owners to exercise a right of action.The third part discusses the legal status of the owners’ committee to improve the problem. I believe that is conducive to the laws determine the legal status of the owners’ committee to solve the practical problems faced in the judicial practice;, but also help to improve the effectiveness of the proceedings, and gradually promote the perfection of the property disputes, judicial settlement mechanism, to better safeguard the owners relatively legitimate rights and interests of the people.