Research On The Right Of Ownership Of Underground Parking Space In Residential

With the acceleration of urbanization,due to the scarcity of surface land and the popularity of automobiles,housing planning agencies have to allow developers to use underground space,the construction of underground garage,parking spaces to ease the parking problem.As residential parking spaces,garage prices continue to soar,involving an increasing interest,developers and community owners for residential parking spaces ownership disputes are also increasing.These disputes arise from both the increasing number of cars and the real contradictions caused by the limited land resources,and the reasons for the vagueness of the rights attributable to the imperfect laws and regulations In 2016 April,once by the Nanjing Gulou District Court "the country's first cell garage dispute",involving the head of a large number of interests,involving a large amount,once again aroused widespread concern in the community.Cases of controversy and social focus of widespread concern is the ownership of residential parking spaces in the end who?The "Property Law of the People's Republic of China" on residential parking spaces is too vague provisions of ownership is the root cause of residential parking disputes,There is no difference between the different circumstances to give the provisions of the specific judicial practice can not effectively solve the current large number of parking spaces ownership rights issue.In the face of these disputes and disputes,only from the theoretical and legal level as soon as possible to be resolved in order to make commercial housing underground parking spaces right ownership issues clear,so that the relevant contradictions and disputes can be resolved.This paper consists of four parts:The first part:the current residential district underground parking spaces ownership status analysis.This part of the current residential area of underground parking spaces were identified,and roughly divided into four categories,and analysis of the ownership of these four types of underground parking spaces status and the reasons for the existence of controvers.The second part:The analysis of the current status of the law(regulation)of the ownership of the underground parking space in the residential area.This part mainly from the national and local laws and regulations at both levels cited the relevant provisions of the ownership of underground parking spaces.And specifically analyzes the three defects of the relevant provisions of the Property Law of the People's Republic of China.The third part:American,Germany and Taiwan area residential area underground parking spaces ownership of legislative investigation.This part mainly references the current situation of underground parking legislation in the United States,Germany and Taiwan,and analyzes the reference significance of the overseas legislation on underground parking spaces in residential areas outside China.The fourth part:further strengthen and improve the underground parking spaces ownership dispute handling mechanism.This part of the author put forward three aspects of thinking,one is to continuously strengthen the underground space ownership laws and regulations;the second is to further strengthen the underground parking spaces property registration and publicity system;third is to strengthen the owners of the Committee in the underground parking spaces ownership disputes In the role.