Research On The System Of Ownership Of Parking Lots In Residential Districts

With the development of China's economy and the increase in purchasing power per capita,in the context of the consumer upgrade market,the price of large-scale moving cars of automobiles has been declining year by year,and the per capita car ownership has been rising.As a result,parking spaces have become more of a concern for people when they purchase commercial housing.Object.However,due to insufficient supply of parking spaces in residential quarters and increased scarcity of parking spaces,controversy over the ownership of parking spaces continues to occur.In this regard,the Property Rights Law promulgated in 2007,through the provision of Article 74,establishes a preliminary rule concerning the ownership of parking spaces,but the rules are relatively vague.There is no distinction between categories and rules,and it is difficult to solve everyday situations.There are disputes over the complexity of parking spaces.In 2009,the Supreme People's Court formulated the "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Distinguishing of Ownership of Buildings" based on the practical experience of judicial trials,adding some basic rules of refereeing for disputes over the ownership of parking spaces in practice.At the same time,local jurisdictions such as Beijing Municipality and Hainan Province have also formulated corresponding local legislation according to their own needs.However,due to the limitations of the legislative system and legal effectiveness,there are still major problems in the current ownership system of parking spaces.This article will analyze the dispute types of parking space ownership in residential quarters,combine the laws concerning the ownership system of parking spaces,and summarize the experiences of relevant judicial cases,and provide suggestions for the construction and improvement of the ownership system of parking spaces in residential communities.This article is divided into five parts,the main content is as follows:The first part outlines the ownership of parking spaces in residential areas.First of all,the concept and features of parking spaces in residential areas are clearly defined,and the main types of parking spaces are listed,mainly including four kinds:construction and planning of parking spaces,ground public parking spaces,civil air defense parking spaces,overhead parking spaces,and parking spaces for each type of parking space.The special nature of the types and their ownership rules are analyzed.Secondly,it elaborates on the current theoretical disputes about the ownership of parking spaces,and explains the different theories of the contractual agreement,the owner's shared ownership,the developer's all-inclusive view,and the area-based public rental statement,and analyzes the rationality and lack thereof.The second part summarizes the current legislation on the parking space rights of residential quarters in China.It is divided into two levels.One is the national legislation represented by the "Property Law",and the other is a place with advanced experience represented by Beijing and other places.Sexual legislation,including the"Beijing Municipal Property Management Regulations","Suzhou Residential District Property Management Regulations" and "Hainan Special Economic Zone Property Management Regulations'',and the settlement of the three local regulations on the ownership of residential communities in their respective regions.The construction of the ownership system has certain reference value.Through reviewing the ownership system embodied in national and local legislation,the main problems in China's current legal regulations concerning the ownership system of parking spaces are summarized.In the third part,after searching the latest case library of Jufa,it obtained nine typical cases of disputes over the parking spaces that passed the second instance in the past four years.Through the decomposition of the dispute points in the nine cases,the type of parking spaces and the referee Based on the analysis of key factors such as reasons and referee basis,the characteristics of disputes in the ownership of parking spaces in the current residential community are drawn up:First,the types of parking spaces in disputed residential areas are diverse;second,in the referee cases,the proportion of developers supported by the courts The third is that the legal basis applicable to referee cases is too principled and lacks specific regulations.The three characteristics show the current absence of the ownership system of parking spaces in China's residential communities.In the fourth part,the comparative law method is used to analyze the legal system of the ownership of parking spaces in the residential areas of the United States,Germany,Japan,and Taiwan.The differences and similarities of different legal systems in this issue are compared,summarized and summarized.Three different legislative models and their legislative backgrounds,and the selection of a superior legal system for reference.In the fifth part,on the basis of the foregoing research,we propose useful legislative proposals for the construction and improvement of the parking authority system in China's residential areas,which mainly include:clarification and refinement of Article 74 of the Property Law.It is necessary to specify the specific connotations,determine the ownership rules for the civil air defense parking spaces,establish a registration system for residential parking spaces,and establish a multi-category parking system.It is hoped that through the improvement of the legal system,the current dispute over the ownership of parking spaces in residential areas will be resolved.