Discussion On Disposal System Of Parking Space In Commercial Residential Building

In recent years,with the rapid development of economy and the enhancement of people's living standard,the holding quantity of private cars for residents has been increasing year by year,however,the parking spaces in residence community is relatively insufficient,which causes large number of disputes.“Difficulty in parking” has become the hotspot and difficulty in the society.The Property Law of the People's Republic of China and Explanations for Building Ownership Made by the Supreme Court,which has been implemented respectively since October 1 of 2007 and October 1 of 2009,have made special stipulations on the attribution problem of the parking space in residence community while have few stipulations on the disposal related to the parking space problems for residence community.The parking space in residential building exists with certain exclusive right for obligees to dispose them randomly;meanwhile,it is the ancillary facility in residential residence,which needs certain regulations for it from the perspective of disposal.Currently,how to formulate regulations on the disposal of parking space is still a practical problem needing to be solved in legislation,therefore,we can introduce the treatment modes from Taiwan for the categorization problems of parking space,refer to the humanized settings in the disposal system for parking space of Germany and learn from France and Japan to encourage the construction units to develop the underground space.In addition,our country should,combined with our national situation,perfect the legislation of Property Law,refine the legal clauses and give play to the effectiveness of regulations;establish the registration system of parking space in residence community;establish the supervision and management mechanism for construction units.Finally,the regulations on the disposal of parking space will not only meet with the life demands of people and restrict the illegal behaviors of construction units but also will moderate the social contradiction and maintain the social stability.