A Research On Legal Issues About Parking Lots In Commercial Residential Quarters

With the steady and high-speed development of Chinese economy, the number of household cars is becoming more and more.In its course of developing and constructing, however, planning and constructing of parking lots is ignored. Therefore, the contradiction is becoming more and more conspicuous between the increasing number of cars and the limited number of parking lots. Fighting for the possession of parking lots has aroused general concern. On the other hand, a host of disputes are caused about the ownership and use of parking lots later because the owners and developers paid no attention to the agreement about the ownership and use of parking lots when they signed the contracts. On Mar. 16th, 2007, The Property Rights Law was passed. The ownership and use of parking lots are stipulated in legal form in the Act 74 of the Law. Yet the regulation is too sweeping, not considering the ownership and use of parking lots particularly under different circumstances. This research paper attempts to study the legal provisions in other countries and areas, combine it with The Property Rights Law, some local statutes and government regulations concerned, definite the ownership and use of parking lots in commercial residential quarters under different circumstances and analyse the system of common right of use and exclusive fight of use. The purpose is to solve the problems in practical use after defining the ownership of parking lots. In the last section of the research paper, the issues of legal parking lots and nature of collecting fees are approached.