Research On The Priority In The Allocation Of Underground Parking Space In Residential Areas

With the number of private cars growing,there is an increasingly urgent need of parking space in community.As the speed of allocation of underground parking space can not match the pace of the increase of private cars,the ownership disputes of underground parking space is aroused.However,the issues of ownership of underground parking space is a "blank zone" in the legislation of our country.But it can view the problem from the perspective of right of construction land use,and thus it should stipulate the ownership of underground parking space belongs to developers.The allocation of underground parking space has to obey a rule of order.The expression of "firstly satisfy the needs of owners" in item 1 article 74 of<the Property Law>,can play a role of binding,by introducing the concept of "parking priority" in the allocation of underground parking space.Taking balance of interests of developers and owners,and maintaining peace and order in community as the starting point,to protect community owners acquire the use value of underground parking space as the foothold,"the parking priority"differentiate the priority's force of law to developers,to owners,and to the third person outside community owners,meanwhile,"the parking priority" limits the number and time of getting the underground parking space for each community owners,clarifies the obligations that developers,the stronger one,should take in allocating underground parking space,and make more detailed differentiation in qualification of owners.In addition,the "parking priority" also analyzes the legal effect of contracts between developers and the third person,from the perspective of whether satisfying the needs of owners.And the qualification of getting the underground parking space is credited to owners precedently than the third person by "the parking priority".When its right faces violation,the priority will follow the example of remedies of other priority,to let owners have the right to request to cancel those injurious acts.The system of parking priority builds on the precondition that the ownership of underground parking belongs to developers,and it is built on the consideration of the two functional values of law----constructing harmonious community order and fortifying the protection of rights and interests of the weak.This system should be fully functional in operating.Not only the legislation shall make some rules,but governments have to act in close coordination,which means through detailing the law by government administrative regulations,the ratio of allocation of underground parking space is enhanced,and the property registration system of our country can be improved.