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2003年6月8日由国务院颁布并于同年9月1日实施的《物业管理条例》中规定了业主大会和业主委员会的职权和议事规则,赋予了业主大会和业主委员会若干权力。但是,却没有涉及其法律性质与法律地位问题。业主自治组织在实际运行中也存在诸多问题:业主自治组织权威性不够,不能正确行使职权,作用发挥不明显;对业主委员会的监督难;业主自治组织的运作缺乏外部的约束;这些问题已成为业主自治发展道路上的障碍,严重制约着业主自治的发展。明确业主自治组织的地位和职权,赋予业主大会以诉讼主体资格是发挥业主自治组织功能,完善业主自治组织制度的有效途径。
On June 8, 2003, the “Property Management Regulations” promulgated by the State Council and implemented on September 1 of the same year set forth the terms of reference and rules of procedure for owners 'congresses and owners' committees and gave certain rights to owners 'congresses and owners' committees. However, it does not address the issue of the legal nature and legal status. There are also many problems in the actual operation of the owners 'autonomous organizations: the authoritativeness of the autonomous organizations of the owners is not enough, the functions and powers can not be properly exercised, the role is not obvious, the supervision of the owners' committees is difficult, the operation of the self-governing owners lacks external constraints, and these problems have become Obstacles to the owners 'autonomy development seriously hamper the development of owners' autonomy. To clarify the status and authority of the autonomous organization of the owner and to give the owner the qualification of the litigant as the main body of the litigation is an effective way to give play to the function of the self-management of the owner and improve the system of self-management by the owners.