Study On The Ownership Of Parking Space In Urban Commercial Housing

30 years of reform and opening up, the national overall living standards greatly improved, household disposable income also rose year after year, people began to pursue high quality of life. Meanwhile, the car is also accompanied by the crowd which shares many families became transport. However, the quick success of urbanization did not plan well enough parking, residential area parking construction standards and use the transfer rules and no corresponding improvement resulted residential area parking ownership disputes and controversies have become more frequent, therefore, to build the city perfect harmony part of the residential area of??transport and transfer of ownership of the use of parking rules are very important. "People’s Republic of China Property Law" for the first time by way of legislation specifies residential area parking system ownership to the agreed principle of attribution, but the parties have agreed that the provisions of the right to ownership,there is no clear right to do, can not meet the current social and economic development, resulting in Parking on the ownership of various disputes. Therefore,the need for optimization of the system from the legislative level, and point out the problem, solve problems, and further improve our legal system.In this paper, the four parts to analyze legal issues of commercial residential area parking tenure and make some specific legislative proposals. This article first chapter introduces the concept of residential area parking spaces, combined with real life concretely classification; second chapter analyzes the legal nature of the residential area of ??parking spaces, and tells the story of today’s academia main theories about residential area parking spaces also elaborated on the related doctrine of some humble opinion; Chapter III study of comparative law belong to the residential area parking tenure abroad, more residential area parking on foreign ownership provisions and commentary; chapter based on China’s basic conditions, to further refine the proposed parking tenure rules.