The Issues And Consummation For Ownership Of The Car Parking Zone Of The Housing Estate

As to the ownership of the Car Parking Zone, there are always disputes between the real estate developers and the owners. There was not any law to adjust the ownership of the Car Parking Zone until the implementation of Real Right Law of the People's Republic of China, and then one case would have different judgments when applied to different courts. The introduction of the Real Right Law eliminated the variance among different laws, which provided definite rules to solve the ownership of the Car Parking Zone. According to the Real Right Law, the Car Parking Zone belongs to the owners, which firstly should satisfy the demands of the owners. The ownership of the Car Parking Zone will be determined by the two parties in the forms of sale, bestowal, or lease, etc. However, due to the deficiency of the Law, the implementation of the Real Right Law failed to settle all the disputes of the ownership of the Car Parking Zone. Therefore, the Real Right Law needs to be improved, and the other supplementary administrative intervention should be developed to obtain a better solution.The article contains four parts.The first part mainly comments four positions about the ownership of the Car Parking Zone through combining with the social reality. At the end of this part, the author presents his own suggestion on the issue.The second part analyses the present situation of the ownership of the Car Parking Zone before the implementation of the Real Right Law. During this part, the author divides the existing Car Parking Zone into three kinds, the Car Parking Zone above the earth, on the earth and below the earth. And the third one is particularly emphasized.The third part firstly discusses the present settlement to the disputes after the implementation of the Real Right Law. The real estate developers obtain high profit by changing the way to displace the Car Parking Zone; what's more, they collect high parking fees which deteriorate the parking problems. Two reasons are spoken of, one is the deficiency of the Real Right Law itself, the other is that there is no provision about the Law's tracing back force. In the last part, the author offers his advice to perfect the solution of the ownership of the Car Parking Zone. From the points of the private and public law respectively, the author tries to give some concrete methods, hoping to perfect the Real Right Law, strengthen administrative execution, and rebuild the register system of real properties.