Study On The Legal Issues Of Public Road System In Residential Areas

At present,the residential areas in our country are mainly gated communities.Due to the increasing pressure on urban traffic in recent years,gated communities have objectively caused adverse effects such as urban road congestion,lack of urban vitality,and privatization of public resources,etc.In February 2016,the State Council issued the Several Opinions of the Central Committee of the Communist Party of China on Further Strengthening the Management of Urban Planning and Construction(hereinafter referred to as“Several Opinions"),and explicitly proposed to promote the policy of block system in new residential buildings.Meanwhile,it also advocated stopping building gated communities in principle,and gradually opening the completed residential areas as well as unit compounds to realize the publicization of the internal roads within residential areas.As an important measure to optimize the urban road network structure and improve the urban traffic environment,the road public of the residential community is justified and necessary.With the promulgation of "a number of opinions",some regions in China have achieved great results in the implementation of the public works of residential communities,such as alleviating urban traffic pressure and urban congestion.The sharing of resources among the communities and the harmonious coexistence of residents have enhanced the vitality of the city and the utilization of land resources.But its obvious effects have been obtained at the same time,there are legal issues,mainly for road public the contradiction of land use rights of the owners,in particular,for the road to the village village road public and owners of the community can the exclusive right to the use of energy,usufruct and disposition of power.These problems are closely related to the rights and interests of the owners of the community.In this paper,based on the viewpoint of village owner legitimate interests,put forward to set up the public system of easement and set up the pass two perfect path,a public road in residential area is dedicated to provide you with more reasonable countermeasures,avoid roads in residential area to the implementation of the public.