Research On Legal Countermeasure Of Parking Contract Disputes In Property Area

With the acceleration of the rapid development of economy and population, city urbanization led to a surge of the city population, crowded roads and large parking problems. Such as residential property, a variety of parking contract disputes is often seen in newspapers. The focus of contract disputes such parking dispute is: Parking contract is a kind of what the nature of the contract? Is it a deposit contract, a lease contract, or a property service contract or any other contract? On the one hand,because the law does not clearly defined, from case to case, in judicial practice,different courts tend to appear different trial results, even in the same case, the first and second trial will are not the same; on the other hand, the academic circles this problem are discussed. For example, the domestic scholars on the ownership of residential parking space is based on the analysis of the property law, and the focus of such cases on the nature of the residential parking contract is rarely mentioned.Although there are a few scholars around the nature of the parking contract, whether the contract or lease contract is a discussion, but most of them only show their attitude,and ultimately did not form a unified standard.Therefore, the legal profession needs to be further studied and discussed in order to provide reference for the relevant legislation and practice in our country.This paper is divided into three chapters. In the first chapter, mainly discusses the characteristics of the property of parking contract;In the second chapter, starting from the analysis of the specific case, the case as the starting point, the various dispute cases appeared were analyzed;In the third chapter, the paper puts forward suggestions on the improvement of judicial procedure and legislative procedure.