业主委员会民事主体资格研究

Research on the Qualifications of Civil Subject of an Owners Committee

当前我国法律对业主委员会的性质没有明确规定,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 is not clearly defined. There are widespread controversies on issues such as its qualifications of civil subject and litigation rights. The owners committee is a self-governing body of owners and does not have enough conditions to constitute a Corporate or ＂other organizations＂ protected by law. The giving of the qualifications of civil subject can not solve the current problems but, on the contrary, will cause additional theoretical and practical difficulties. This paper suggests that the effective way to solve these problems is to make a corresponding adjustment to an Owners Committee by learning from the counterparts of foreign legislation and introducing the concept of ＂Owners Group＂, and further to establish the representative and executive mechanisms of the owners groups.