论居委会与业委会职责的合理界定

Analysis of Reasonable Duty Definition between Residents Committee and Owner Committee

城市社区居民委员会和物业小区业主委员会是我国基层群众性自治组织,是群众直接行使民主权利的重要载体,我国现行法律对两者职责的规定存在重叠之处,理论界和实务界对两者的职责的界定也存在不同的认识,从而导致相互之间在工作上存在不协调、不和谐的局面。因此,应根据我国民主法治进程和社会经济发展状况,在明确双方性质的基础上,合理确定两者职责的边界,充分发挥各自的职能作用,真正保护居民和业主的合法权益。

The urban community residents committee and owner committee of residential estate are grassroots mass self-government organizations in our country.They are important carriers for the masses to exercise democratic rights directly.The duties of the two committees ruled by the current law in our country exist overlap.And the areas of theory and practice have different understandings of the definition.Thus,there are incompatibilities and disharmony situation between the two committees.Based on the democratic legality level and social economic development of our country,as well as the natures of the two committees,we should define the duties of them reasonably to give full play to their respective functions and protect the legitimate rights and interests of residents and owners.