The Status Quo And The Solving Ideas Of The Ownership Of Parking Space In Urban Community

When people buy residential housing,it will be need for the house with parking space because most families have a car,or even several cars in the city.But the number of the car completely is more than the parking space,leading to the serious insufficiency and the confusion in parking lot plan,occupying the road by owned of all owners in residential housing.The real estate company or property management company has disputed with owners of the house for the proprietorship of residential parking Spaces,because of that,as well as the other problems are increasing.About the problem,the first to clear is the problem of ownership of parking,the scholars in our country have large differences.Each doctrine has its reason,but also has their defects,the current academic circles has not reach a same understanding.Although the seventy-fourth clause of China’s "property law" made rules of the issue,but the rules are too principled,can not be executable,and some cities also made some of the local regulation or local rules,but also not reach a unified opinions,that leads to the local court give different sentences in similar or the same parking dispute.Therefore,perfecting legislation,formulating unified system and defining the parking space ownership is the crucial step.This paper firstly discusses the current situation dispute of residential parking space’s ownership,analyzes the characteristics and classifies the residential parking spaces,mainly through elaborating the specific judicial cases of several cities to analyze the parking space ownership disputes and the resulting problems,give some practice foundation for the later;Secondly analyzing the main crucial reasons by causing the ownership of parking dispute.Then researching relevant laws of other country(region),analyzing the legislation on the related issues,refer to specific provisions,it will provided good experience for the perfecting legislation;Finally based on the above analysis,and relevant laws and regulations in foreign countries,I will put forward a series of some operational measures,those suggestions and measures that come from mainly the aspects of legislation,law enforcement and judicature are very practical meaning.Main innovation point of this article is through judicial practice of the specific case to analyze our country current situation of the ownership of residential parking space dispute in the city and analyze of the causes,coupling with some good foreign experience for solving the problem of ownership of parking spaces in city in the future,and give some meaningful suggestions,at the same time,providing some way to safeguard the rights when the owner’s rights have been violated.