业主委员会是否具有民事诉讼主体资格,目前法律并未作出明确规定,理论界对此也一直存在争议,造成司法实践处理的结果各异.本文指出从实体法和程序法角度的分析来看,业主委员会应当属于其他组织范畴,赋予其民事主体资格,但这需要从实体法和程序法上作出限制。 Whether the owners’ committee has the qualification of subject of civil litigation, the law has not made the definite stipulation at present, and theorists have been controversial about it for a long time, which leads to the different results of judicial practice.This paper points out that from the perspective of substantive law and procedural law, The committee should belong to other organizations to give it civil subject qualification, but this requires substantive and procedural restrictions.