关于业主委员会民事主体资格的思考

Reflections on the Qualification of Civil Subject of Owners Committee

我国法律对业主委员会的性质没有明确规定,学者对其是否具有民事主体资格,能否享有独立的诉讼权利等问题存在广泛争议。业主委员会系业主自治性机构,不具备成立法人或"其他组织"的条件。赋予其民事主体资格不仅不能解决当前存在的诉讼难题,还会陷入新的理论及实践困境。根本出路在于借鉴国外相关立法,引入"业主团体"的概念,对业主委员会制度做出相应调整,进而将其明确界定为业主团体的代表机关和执行机关。

The legal nature of the owners committee has not been clearly defined until now, so there is a widespread controversy about the qualification of civil subject or the litigation rights. The present article points that owners committee is the self-governing body of owners and does not constitute a corporate or ＂other organizations＂, and that the endowment of qualification of civil subject can not solve the current problems but cause some theoretical and practical difficulties. The fundamental solution lies in reign-related legislation and the introduction of ＂owners groups＂ concept which consists of the representative organ and executive organ.