我国业主委员会法律地位研究
发布时间：2018-11-29 08:04
【摘要】：目前我国房地产行业蓬勃发展，住宅小区商品化程度不断提高，业主的权利也得到了空前关注。2007年颁布实施的《物权法》对业主权利的保护更加完善，却仍有许多不尽如人意之处，其中对业主委员会的规定便存在很大问题。业主委员会作为一个代表全体小区业主利益的组织，其在业主权益的维护、各类纠纷的解决、协同物业服务企业管理小区等工作中起到相当关键的作用。然而，《物权法》中虽对业主委员会的成立、职能等作了较详尽之规定，却未能明确业主委员会的法律地位，使得业主委员会在实践中暴露的问题得不到有效解决，例如关于业主委员会是否具有诉讼主体资格，司法实践中就呈现完全相反的意见，不同的法院对此态度不一，这直接导致了法律秩序的混乱。为了使业主委员会相关法律关系趋于稳定，也为了使司法审判有法可依，必须立法明晰业主委员会的法律地位。这也正是本文选题提出的原因所在。 本文希望通过对该选题的研究，明确我国业主委员会的法律地位，并以期在今后的立法中予以明文规定。这一方面可以完善业主委员会法律制度，更重要的是能更好的解决实践中的问题。这将有利于业主委员会正常的运作，发挥其应有的作用；有利于协助好物业管理公司管理好小区，提高业主的生活质量，从而推动整个物业管理行业的健康发展，，同时促进社会的和谐与稳定。
[Abstract]:At present, the real estate industry in our country is booming, the degree of commercialization of residential district is increasing, and the owner's rights have been paid more attention. The property Law promulgated and implemented in 2007 has improved the protection of owners' rights. However, there are still many unsatisfactory points, among which the provisions of the owners' committee have great problems. As an organization representing the interests of the owners of all residential areas, the owners Committee plays a key role in the maintenance of owners' rights and interests, the resolution of various disputes, and the coordination of property service enterprises in the management of residential areas. However, although the establishment and functions of the owners' committee have been stipulated in detail in the property Law, the legal status of the owners' committee has not been clearly defined, and the problems exposed by the owners' committee in practice have not been effectively resolved. For example, whether the owners' committee has the qualification of litigant, the judicial practice presents the completely opposite opinion, the different courts have different attitudes to this, which directly leads to the confusion of the legal order. In order to make the relevant legal relationship of the owners' committee stable, and to make the judicial trial subject to the law, we must legislate to clarify the legal status of the owners' committee. This is also the reason why this thesis is proposed. This paper hopes to clarify the legal status of the owners' committee through the study of this topic and to make it clear in the future legislation. On the one hand, it can perfect the legal system of owners' committee, and more importantly, it can solve the problems in practice. This will be conducive to the normal operation of the owners' committee, play its due role; It is beneficial to help the property management company manage the community well, improve the quality of life of the owners, and promote the healthy development of the whole property management industry, and promote the harmony and stability of the society at the same time.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.2
本文编号：2364427
[Abstract]:At present, the real estate industry in our country is booming, the degree of commercialization of residential district is increasing, and the owner's rights have been paid more attention. The property Law promulgated and implemented in 2007 has improved the protection of owners' rights. However, there are still many unsatisfactory points, among which the provisions of the owners' committee have great problems. As an organization representing the interests of the owners of all residential areas, the owners Committee plays a key role in the maintenance of owners' rights and interests, the resolution of various disputes, and the coordination of property service enterprises in the management of residential areas. However, although the establishment and functions of the owners' committee have been stipulated in detail in the property Law, the legal status of the owners' committee has not been clearly defined, and the problems exposed by the owners' committee in practice have not been effectively resolved. For example, whether the owners' committee has the qualification of litigant, the judicial practice presents the completely opposite opinion, the different courts have different attitudes to this, which directly leads to the confusion of the legal order. In order to make the relevant legal relationship of the owners' committee stable, and to make the judicial trial subject to the law, we must legislate to clarify the legal status of the owners' committee. This is also the reason why this thesis is proposed. This paper hopes to clarify the legal status of the owners' committee through the study of this topic and to make it clear in the future legislation. On the one hand, it can perfect the legal system of owners' committee, and more importantly, it can solve the problems in practice. This will be conducive to the normal operation of the owners' committee, play its due role; It is beneficial to help the property management company manage the community well, improve the quality of life of the owners, and promote the healthy development of the whole property management industry, and promote the harmony and stability of the society at the same time.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.2
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