Research On The Qualification Of Subject Of Civil Action Of Owners’ Committee In China

China began to change the original unit housing model into housing commercialization model from the 1990 s of last century.The interior of the residential community has also changed.The government and the units from every detail of the residential property management to the "macro-control",and as a grassroots organization of the city,the residents committee only occasionally to coordinate some affairs.Before the owners who need community autonomy can change their roles,they are faced with a series of problems such as setting up their own owners’ organizations and dealing with property management independently.Justice is the last line of defense to safeguard rights.However,when a lawsuit is needed to be filed around the infringement of the interests of all owners in the community,it is difficult for owners to jointly file a class action due to social psychology,litigation cost and other realities.At the same time,in the current legal framework,it is not clear which subject can represent all owners to bring disputes to the court.In dealing with property dispute cases,courts face a series of problems,from filing to execution,which are not only not solved with the establishment of the owner committee system,but also appear layers of obstacles,which need to be solved urgently.This paper is mainly divided into four parts.First,from the legislative and judicial levels,the status quo of whether the owners’ committee is recognized as the subject of civil proceedings in China is sorted out,mainly from the aspects of laws and regulations,the judicial interpretation and viewpoints of the Supreme People’s Court,and the recognition of high courts in many places.Although the current laws and regulations of our country have provisions on the owners’ committee,we take an evasive attitude on whether the owners’ committee has the subject of civil action.At the judicial level,in the face of continuous disputes within the community at the same time,the high court in many places in the legal practice level conditionally recognized the industry authority civil litigation subject qualification.Second,according to the mainstream view of the current academic field of civil procedure,there is a natural "blood relationship" between the subject of action and the civil subject,and the subject with the qualification of civil subject reflects that it has the qualification of the subject of action.The academic circles in our country have different opinions on the status of the owners’ committee as legal person,non-legal person and neither legal person nor non-legal person in the substantive law,and there are doubts on the applicability of the owners’ committee in the procedural law.Based on the classification of civil subject in the Civil Code and the analysis of direct interests in the Civil Procedure Law,this paper expounds the theoretical dilemma of constructing the qualification of subject of civil action of owners’ committee.Third,some developed countries abroad as well as parts of our country in the legislative and judicial level generally give the owners’ committee civil litigation subject qualification to make its better safeguard the common interests of all the owners,by outside and parts for the owners’ committee in our country civil action the qualification cognizance of the main body of the comb,trying to combine the actual situation in our country,from the reference merit,perfect the industry authority of the civil litigation subject qualification.China’s community internal and external disputes occur frequently,the need for a permanent organization on behalf of all owners to exercise a series of activities such as management,litigation.Moreover,the qualification of subject of civil action of owners’ committee is generally recognized in legislation and practice in various countries,which is reasonable to a certain extent.Fourth,under the current legal framework of our country to give industry authority civil litigation subject qualification for legal analysis,first of all to give industry authority civil litigation subject qualification of the "three nature"-legitimacy,rationality,necessity analysis.Then,from the two aspects of form and substance,the author thinks that the owners’ committee conforms to the constitution requirements of the "unlegal person" organization in the "Civil Code" and should belong to the "unlegal person" organization.At the same time,the related theory in combing the parties to the eligibility of the civil procedure law,in contrast,"said directly interested party","the parties to a program says" and "right to protect",the author thinks that "rights protect said" and mutual echo,judicial and social practice in our country is the correction and progress of the civil procedure law in our country,is also this thesis option theory;In order to prevent it from abusing the qualification of the subject of litigation to infringe the rights and interests of the owner or other subjects,the owner committee should be given the qualification of the subject of civil litigation conditionally.In terms of the responsibility of the litigation consequences,the author also analyzes the internal responsibility and external responsibility respectively.In the internal case,the members of the owners’ committee shall bear the responsibility for any resolution that damages the rights and interests of relevant subjects made by the owners’ committee without authorization or in violation of the internal regulations.As for the external compensation liability,if necessary,all the owners will bear joint and several liability.