业主委员会制度完善之构想

Ideas on perfecting the system of owners association

业主委员会的性质和地位问题,是《物权法》颁布前后一直不明确的问题。应当尽快通过制定配套法律法规、实施细则和司法解释等途径来解决这一物业管理过程中的核心问题。立法上应当借鉴外国立法经验,确认符合条件的业主团体的法人资格,细化业主委员会相关制度,加强政府有关部门对业主委员会工作的指导和协助,进一步理顺业主与业主大会和业主委员会的关系,以此解决我国《物权法》实施过程中在业主委员会制度方面可能出现的新问题。

The nature and the status of owner association are not clearly defined in Property Right Law of China. The matched laws and regulations, implementation details, judicial interpretation and so on should be made as soon as possible to solve this core problem in real estate management. Foreign legislation experience should be learned to confirm the corporate personality of qualified owners group, and to make the system related to owners association in more detail, and to consolidate the help and guidance Of the related departments of governments for owners association, and to further rationalize the relationship between owners and owners＇ meeting and owner association so that new problems in the process of the implementation of Property Right Law in the perspective of owners association institutions can be solved.