业主委员会诉讼主体资格刍议——兼评《物权法》第83条

主体资格的审查是审理有关业主委员会案件的首要环节,直接涉及当事人诉权是否成立及诉讼地位的确立.对此,学界存在很大的争议,实务部门的做法也不一致,损害了法制的统一性和法律的尊严.而《物权法》亦未予以明确,无以定分止争.我国的业主委员会可归类为非法人组织,在诉讼中应具有当事人能力,可成为民事诉讼中的原告或被告,同时,应将其诉利益的范围限制在与物业管理有关且涉及全体业主的共同利益的事项等范围内.

On the Litigation Qualification of Owner Committee——Comment concurrently on article 83 of the property law

The judicial review of litigation qualification is the principal step of hearing the cases concerned the owner committee,and immediately relate to whether the parties' litigation right come into existence and the orders of their legal status.There exist tremendous controversy in theory for thier issue,and the modus operandi of practice departments is also refusal to agree,impairing the consistency and dignity of law.However,the property law which passed recently has no specific legislation cannot settle dissension felicitously,we hold that the owner committee should be ranged to non-corporation,and have the litigation qualification,which could be plaintiff or defendant in the proceeding.Meanwhile,its litigation rights ought to be restricted in the extent of which concerning the property management and interests of the whole owner.