Research On Legal Issues Of Urban Street Parking

With the rapid increase in vehicle population, traffic congestion, parking difficulty and other traffic problems have become a common problem for China. For a long time, the consideration among the city-building is not comprehensive, and infrastructure is not complete, those caused a serious shortage of parking spaces. In the short term it is difficult to provide more parking spaces, the cities solve the parking problem by providing street parking. Due to the lack of perfect legal provisions and management system, the emergence of the unreasonable street parking sets, and illegal parking phenomena. Therefore, there are widespread doubts about the legitimacy and rationality of setting street parking and parking legitimacy.Road belongs to the category of public property, according to public property law theory, the use of public property includes general use and special use, through the introduction of the right of way to analysis property of the street parking. The main contents include the right of transport, right of priority and right of occupancy. The right of occupancy corresponds to that static traffic (street parking). And the State guarantees citizens' right of way, that is the theoretical basis of the street parking. The contradictory relationship between dynamic and static traffic must exist. Because the road carries the transport function, dynamic traffic has precedence over the static traffic. Only without prejudice to the normal passage of traffic, government removes restrictions, and allows setting street parking. So the street parking belongs to the special use.The general use of public property applies free use and equality use. And street parking belongs to the special use, so that can't apply free use. So the charge of street parking has the legitimacy of public property law. Street parking charges exist traditional administrative and public-private cooperation modes. By analyzing the nature of the charges in two modes, while compensation disputes occur, analyze both parties who bear responsibility.Existing legal provisions for street parking is relatively simplistic. There are some problems in the street parking system:the management body is unknown, the lack of parking areas designated entity and program restrictions, the lack of standardized charges, lack of supervision Remedies. For existential issue, there are some recommendations about improving parking management, charge of parking and related systems.