Research Of Ownership Of Community Parking Lot

With the economic development of our country in recent years, people’s living standard has rapidly increased. Private cars have become necessities from luxury in the past. However, with the increasing number of private cars, some relevant problems also come along, of which the most prominent one is difficult to park cars and expensive to park cars. More and more legal disputes about parking lot in community appear, which draws a lot of attention from all sectors from society.Although the legal issues about parking lot are various, the ownership of parking lot is always the central one. Before the Property Law, the ownership of parking lot in community is unclear, and proprietors, developers and property management companies all hold their different opinions, which result in various problems appearing in every step of parking lot’s circulation. Although there are local regulations, they stipulate differently, so the overall condition is in a mass. After Property Law, the ownership of parking lot in community is clear. Disputes about the owner apparently reduce, but other relevant problems appear again, whopping price parking lot for example. This issue’s object of study is parking lot in community, and we will discuss different types of parking lot with combination of our country’s current state. The issue includes five parts:Part I is the general idea of the parking lot. Before discussing the ownership of parking lot in community, we have to clarify its concept and nature. Parking lot is the object in Civil Law, therefore civil subjects could have its ownership and right to use. In our country, there are parking lots on ground, parking lot underground, independent multi-layer parking lot, first floor overhead parking lot in our country. The author will give a brief state of each type in this part, and will discuss in detail in following part.Part II is about the current situation of legislation in our country. This part will first introduce some local regulations before Property Law, and then analyze Article74of Property Law, discuss the two modes of ownership of parking lot in community regulated by this article.At the end of this part, the author will introduce some judicial interpretation and local regulations after Property Law.Part Ⅲ analyses the ownership of parking lot in community of each type. This part will discuss each type in combination of cases in practice.Part Ⅳ will introduce legislation experiences from other countries and districts, includes Japan, France, Germany, America and Taiwan. This part tries to provide legislative method for our country. After comparing different types of legislative modes we could find that there is no only way on this issue, we may adopt an open mind on it.The last part is about legislative and practical imagination on the issue of the ownership of parking lot in community in our country. This part will clarify the rules first, and then discuss the current problems existing in practice. At last, this part will try to explore the legislative and practical modes which are suitable for China. Only by balancing the interests of different parties could we hope to explore a reasonable mode on this issue.