Research On Legal System Of The Owners’Committee

The owners’ committee is the actuator of the owners’ congress, which is owners’ autonomous organization for self-management, self-service and self-standing body of education. Whether the system of the owners’ committee can be a good operation and healthy development, is not only related to the owners to maintain their own rights and interests, but also influencing the construction and development of civil society in China. On account of the owners’ committee is late emergence in our country, relevant laws and regulations are not sound. Through analysis of the owners’ committee system in China to other country’s mode, and the legal relationship between the related main body of law, the author tries to advance the perfection of the system. The full text is divided into four chapters:The first chapter is about the present situation of the owners’ committee system in China. Owners’committee is the actuator and the standing body of the owners’ congress. It has a character of owner autonomy setting, purpose quasi-commonweal, behavior representative and mandatory registration. Its main functions are to safeguard-ing the owner code execution, supervising the property contract, and to assist the relevant government agencies. The owners’ committee power comes from the building discrimination property right. In practice of our country, admitted its litigation subject qualification, but there is no clear legal provisions in the civil entity qualifications.The second chapter is the introducing on the outside owners autonomous organization system model. In general, the typical patterns system are "corporate model" in France and Hong Kong,"unincorporated model" in Germany,"compromise model" in Japan and a legal person or unincorporated organization in America. Several kinds of models have in common is cleared the litigation subject qualification. Through the comparative analysis, the author thinks that the nature of civil entities of owner autonomy organization, belongs to the owner to dispose of private property, should not interfere. At the same time, this chapter also summarizes the American advanced property management characteristics, in order to improve the system in China for reference.The third chapter is the analysis of the relationships between related subjects in China. The owners’ committee and the owner have the relationship of internal management and foreignal representative. By the property contract signed, before signing the owners’ committee on behalf of the owner invite the property management enterprises and after signing the contract change to supervise it. The owners’ committee work content shall be limited to the closed residential property management affairs, and the residents committee organize execute the public policy, family education and other public welfare, etc. The real estate administrative department is the owners committee department of registration, and the inappropriate decision of the owners’ committee can be revoked by which.The fourth chapter puts suggestions to perfect the system of the owners’ committee in our country. Suggestions on the legal status of owners autonomous organization allows the legal person or unincorporated organization mode, by the owners’ choose. Clear the owners’ committee under the authorization can Sue on behalf of all the owner. The owners’ committee and the owners’ congress, the residents committee organize, property management enterprises in their respective rights, promoting collaboration with each other. Elaboration on the owner committee member qualification inspection, perfect the training system, improve the owners’ committee decision-making ability. We should try to drawing lessons from the residents committee system operation, improving the system of the owners’ committee meeting, the finance system, and the supervision system. From the periphery of the owners’ committee survival environment, it is suggested that to strengthen the support from the government and social institutions for its operations. Finally, it is suggested that encourage the development of association of the owners’ committee, to guide the owners’committee functions to play.