Residential Parking Problems Of Attribution

In recent years, rapid growth of private car ownership, and residential parking spaces around the vest on the conflicts, disputes also increase, "Property Law" will be promulgated and implemented, the public high hopes for it, hoping that it can address the residential areas parking conflicts arising from ownership, but in the "Property Law" after the implementation of residential parking spaces on ownership disputes not only failed to counter a growing trend to reduce, why? Is because "property law" the ownership of parking spaces in residential areas, the provisions are too vague, not strong operational, some types of parking spaces on the question of attribution has adopted an evasive attitude, so a lot of problems in reality the inevitable, so the theoretical and practice more in-depth research the ownership of parking spaces in residential areas, then it is very urgent and necessary.This close contact with reality, the main points of introduction, body, conclusion of three parts to prove the ownership of parking spaces in residential areas. In the introduction to a typical case and a lively press reports, leads to ownership on residential parking problems.The first part of the body of the residential parking spaces is to make a clear interpretation of the meaning, then is the analysis of the legal nature of parking spaces, parking spaces that should be based on the qualitative difference between the different types; then focused on a variety of residential parking in China bit of ownership, be divided into surface parking spaces, the use of engineered underground civil air defense parking spaces, not the nature of the underground civil air defense parking spaces, building the first floor elevated level parking spaces, flat roof buildings and other types of parking spaces, with an area of sharing and other theories one by one analysis, as different types of parking spaces clear of specific attribution.The second part lists the ownership of parking spaces theories, the current main area of academic assessment that the said registration, the owner there, said that cost-sharing, such as several independent ownership of the said doctrine, the authors pointed out that the theory can not be a single analysis, determine the ownership of all types of parking spaces, but according to the specific circumstances applying appropriate theory, and then again on the foreign and Taiwan region on the ownership of residential parking requirements do lists and induction of the foreign community in China on Taiwan parking legislation and practice some of the features: First, the distinction between national types of residential parking spaces is different compared to China's Taiwan area parking spaces most meticulous type, classification is also more practical and scientific; the second is more than a few countries and Taiwan of China will build almost set a considerable number of parking spaces to meet the needs of the owners as their legal obligations, in order to encourage the construction of more parking spaces, the provisions of the Taiwan Area and the United States have some incentives to improve the developer building initiative, I believe that the Taiwan model worth learning from.The third part is our "Property Law" parking spaces in the relevant provisions of the assessment, the first confirmed "Property Law" Article 74 of the progressive, but also pointed out the inadequacies, such as key words sentence on the statement is not clear, is not clear, the " agreement "clause ill-considered, the real estate registration system is not perfect, the profits for real estate speculation, the real estate laws and regulations, lack of containment, such as real estate developers see the scarcity of parking spaces on the market for quick profits to to "sell not rent" or "cover parking" means parking spaces This constitutes a serious obstacle to normal trading, making the ownership dispute over parking has become more intense, and the need to adapt to reality, to maintain ownership of equity trading order, strengthen the norms of real estate law is imperative in this regard.The fourth part is the core of this paper, mainly for parking spaces belong Legislation proposals, including the "Property Law" Article 74 of the perfect proposal, in the "property law" clearly underground parking spaces the attribution of Learning from Taiwan practices in legislation classification of residential parking regulations to implement and improve real estate registration system in China, the strengthening of administrative supervision, to legislate for the high utilization of space construction of parking and so on. For the "Property Law" Article 74 of the perfect proposal, primarily to determine, "first meet the needs of owners," the terms of the "agreement" provisions should be further improved; in the "property law" clearly underground parking spaces the attribution of the author from the clear air defense engineered the ownership of underground parking spaces and non-project nature of the underground civil air defense parking spaces in two proposals; to make reference to the practice in Taiwan, the legislation into the legal parking spaces on residential parking spaces, additional parking spaces, three parking spaces in public utilities , the implementation of classification regulations; in the Improvement of real estate registration system, the author suggests that as soon as possible to formulate a unified comprehensive real estate uniform registration law; article that should be strengthened only sell not rent to the Administrative supervision by legislative means to ensure the construction of adequate parking spaces and owners should be public disclosure of information known.In conclusion, the author summarized the full text and summarized, that the ownership of parking spaces the development of China's market economy is bound to encounter and to solve the problem, as long as the full attention of our theory, attention to study the reality of residential parking spaces meet the real requirements, timely and clear legislation and reasonable foreign experience, the ownership of parking spaces will be able to be satisfactorily resolved. Hope to this article on the ownership of residential parking spaces in the relevant legislation and practice to play some small role in promoting.