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随着经济的发展,城市居民的收入显著提高,其生活质量也相应的得到改善,这为新的居民小区的建立与存续提供了坚实的社会条件。与此同时,业主委员会作为诉讼当事人出现在越来越多的民事诉讼案件中。在这其中,业主委员会代表小区业主与物业公司进行的诉讼占据相当数量。然而,由于我国立法规定的缺陷与实务操作惯例等原因,业主委员会的民事诉讼主体地位常被否认,导致一定程度上,小区业主利益难以寻求更好的救济手段。本文就业主委员会成为诉讼适格主体的探讨与寻求业主委员会民事诉讼地位具体依据两方面对业主委员会的民事诉讼法律地位进行确认和限制。
With the economic development, the income of urban residents has increased significantly, and their quality of life has also been correspondingly improved. This has provided solid social conditions for the establishment and survival of new residential quarters. At the same time, the owners’ committee appears as a litigant in more and more civil litigation cases. In this one, the owners’ committee represents a considerable amount of litigation on behalf of residential owners and property companies. However, due to the defects of our country’s legislation and the practices of practical operation, the owners’ committee’s status as the main body of civil litigation is often denied. As a result, it is difficult for the interests of community owners to seek better remedies to some extent. In this paper, the owners of the Commission to become the subject of litigation is appropriate to explore and seek the suit of the owners of the Committee as a concrete basis for the status of the owners of the Commission to confirm and limit the legal status of civil litigation.