The Research On The Ownership Of Rights Of Underground Parking Lots Of Residential Blocks

Recently,the quantity of the private cars has been raising rapidly in our country.The problem of the lack of underground parking lots of residential blocks has been more and more serious.As a result,legal disputes related to the rights of underground parking lots happen frequently.Take a sweeping view in the law system of our country,only Article 74 of the Property Law of the People’s Republic of China makes the general provision for the rights of parking lots.However,it lacks of specific applicability in the judicial practice.No wonder that it has caused many dispute.Basing on the 148 legal documents which are related to the rights of underground parking lots of residential blocks from 2012 to 2019,we can tell that the judges firstly discuss the legal attribute of underground parking lots,in othe r words,if they are independent items or not comparing with building property or other buildings.Withal,it is proper to treat underground parking lots as independent item and treat differently.However,it is improper to see underground parking lots as commercial residential building at this moment yet.At the same time,pay close attention to the affiliated equipment attribution for proprietors to park their cars of the underground parking lots when they deal with the dispute in judicial practice.Secondly,make separately discussion on the type of the underground parking lots related to the cases.There are usually underground constructions in residential blocks which involve civil air defense underground engineering and non-civil air defense underground engineering.Based on this,civil air defense underground parking lots and non-civil air defense underground parking lots are constructed.As for the civil air defense underground parking lots,it is proper to make it belong to country in order that the country use it at the stage of emergency.As for the usage right,income right and supervision right,it is proper to make it belong to the cost bearers according to cost approach.And at the same time,allow to transfer the possession and rent out of the usage right of the civil air defense underground parking lots.For the non-civil air defense underground parking lots,it is proper to distinguish legality base on apportioned area and construction planning.If there is no agreement on the ownership of interests,it is proper to determine ownership base on cost approach.At last,regarding to the regulation of the Property Law of the People’s Republic of China,Article 74,Parking spaces and garages within the building area intended as vehicle parking space s shall be used to meet the need of the owners above all else,Supreme People’s Court confirmed the allocation ratio by judicial explanation of appropriation of ownership.Withal,it is proper to admit transfer of possession and rent out the usage right a s market economic behavior and the price is usually decided by market.If not necessary,government should not interfere.At the same time,in order to insure the priority and present need of the owner,it is necessary to forbid people who are not the own er of the house in the community to buy underground parking lot but allow them to rent parking lots in allotted time.It is also necessary to forbid the owner of the house in the community to buy over limited underground parking lots in order to achieve fa irness and rationality.