Study On The Ownership Of Parking Spaces In Residential Communities

China’s economic growth has brought a superior living environment to residents,and the increasing number of vehicles owned by residents could be regarded as a microcosm of the growing economic in a high quality.This rising figure is also evident in the frequent traffic jams and parking difficulties reported in social reports.The Civil Code and the Decision of the Supreme People’s Court on Amending the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Trade Union Law of the People’s Republic of China in Civil Trials and Other 27 Judicial Interpretations on Civil Matters(hereinafter referred to as the “Interpretation of Building Distinctive Ownership”)have come into effect simultaneously in order to deal with parking disputes and respond to the growing demand for parking spaces.However,they inherited the set of the Property Law and relevant judicial interpretations on the content,there were no substantial adjustments to the provisions on the ownership of parking spaces in residential areas.In addition,the provisions on this issue are general,many problems have arisen in the process of application,such as how to identify the building zone,the understanding of the parties under the agreed ownership,etc.These unclear things lead to the phenomenon of different judgments in the same case in judicial practice.This paper aims to analyze the reasons of the dispute over the ownership of parking space in residential areas in judicial practice,and provide factual basis for determining the ownership and interest distribution of parking space in residential areas,unifying the judicial practice and consolidating the judicial authority based on the importance of vehicles to modern human life,the reality of the conflict between the convenience of vehicle travel and the difficulty of parking vehicles,taking modern China’s urban residents mainly live in the construction of relatively closed residential groups and residential clusters within the living characteristics as the limit,considering the residents of the exponential growth of vehicle ownership brought about by the community parking space tension,parking difficulties and the exposure of our country in the residential community.Literature research method and empirical analysis method are used during the paper.Through analysis and comparison of academic views on the ownership of parking spaces in residential areas,and in accordance with judicial practice and the recent five years(2018.09.01-2022.09.01)judicial cases of parking space disputes in residential neighborhoods in practice,and then searching and reading the relevant case decision documents,this paper clarify the subjects of disputes on the ownership of parking spaces in residential neighborhoods in China,analyze the conflicting phenomena in the judicial decisions of such cases,summarize the basis and reasons for the decisions made by the courts,and categorize the sample cases by means of typological research in order to consolidate China’s legal provisions on the ownership of parking spaces in residential neighborhoods.In addition,this paper also put forward perfect suggestions for solving the disputes on the ownership of parking spaces in the community through analyzing the current situation of the legislation on the ownership of parking spaces in foreign countries and regions,comparing the relevant legal norms in China,and using experiences drawn from the actual situation in China.