Research On The Legal Status Of The Owners’ Committee

In 1988,China’s housing gradually took the road of commercialization.With the rapid development of the economy and the rapid rise of the real estate industry,the housing commercialization is more and more obvious in China.The residential community is different from the former welfare housing or the courtyard in the village collective,with a large number of personnel,very dispersed and not easy to gather.To safeguard the legitimate rights and interests of all owners,the owners’ committee came into being.From the establishment of relevant laws in China,for example,The Guiding Rules of the Owners ’General Assembly and the Owners’ Committee,Property management regulations,to the Civil Code to standardize them step by step,but these are only for the establishment of the owners ’committee procedures,office requirements,responsibilities,and not clear to its legal status,which leads to both academic views in academia,or the court of judicial practice,for the owners’ committee has the civil subject qualification and litigation qualifications have different opinions.The courts often give different verdicts in the same case.At the same time,due to its unclear legal status,it indirectly leads to the problems of poor operation and inadequate supervision,which greatly restricts the role of the owners’ committee in practice.This article is based on our legal provisions and judicial practice,through empirical analysis,historical research method,literature research method,understand the concept of the owners ’committee,characteristic and development history,it is suggested to clarify the civil subject qualification of owners’ committees through national legislation,to clarify the litigation qualification,improve the supervision mechanism,to solve the problems of the existing owners’ committee.Before legislation,it can guide relevant cases by publishing judicial interpretations or guiding cases,make its better service for the owner.