| With the accelerated development of urbanization and the growing prosperity of the national economy, people's incomes have been increased largelyprivate, private cars has been increasing. But it also brought a lot of trouble, because of the increasing of private cars, causing supply and demand of parking lots be more tense, and perplexing the user in the residential areas. Accordingly the disputes between the proprietor and the developer about the ownership of parking lots is more, and then resort to the court, being not helpful to social stability and building a socialist harmonious community.As for the ascription of parking lots, the views are inconsistent among the legal profession. Both in the judicial practice and in the legal academic are controversial about the ascription of parking lots, the main reason is that the law about the ascription of parking lots is not clear and specific, after the Property Law put into practice, it did not fundamentally solve the problem. Its rules are too simple, therefore it is necessary to perfect it or make the judicial interpretation, and making specific provisions about the ascription of parking lots. So that it enable the proprietors and the developers to deal with the problems with the laws.This article is divided into six parts. The first part introduced two typical case occurred in our country, and put questions. The second part main interpreted the theories of the ascription of parking lots and the drawbacks in the Property Law. The third part, the author made relevant law analysis about the ascription of parking lots "should be", and then made analysis about types of parking lots as it is. The fourth part introduced the legal provisions on parking lots in developed countries and regions, such as the United States, France, Japan, Germany and Taiwan region, and a comparative analysis. Partâ…¤introduced some academic viewpoints. In the sixth part the author made recommendations on the ascription of parking lots.
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