On The "Owner Need" And Ownership Of Housing District Parking Zone

The Parking Zone have a place in residential areas. With the increasing number ofhigh-rise buildings and cars,the decreasing space of urban land,the contradictions existing inParking Zone are deepening.The legislation in valid regulated the ownership of Parking Zonein residential areas.But disagreement exists because of different understanding of thelegislation.In the Parking Zone system,the theory behind the Parking Zone being special partof a building and the significance of "owner needs" in the process of redistrib ution of ParkingZone ownership are rarely involved.The use of Parking Zone resource is of great importanceto the harmony life of community residents.It’s the reason to go into this topic.And this articleconsists of four parts.The first part begins with an established case that tells the necessity to study "ownerneeds" in Parking Zone system.The second part introduces basic theory of Parking Zone in the main civil law andcommon law system countries and regions.This part also discusses the difinition and theownershipof the Parking Zone being a special part.In Chinese Mainland law system,theParking Zone can be a special part.But it doesn’t comply with the requests of the theory ofbeing a special part of a building.As an important part of a building,Parking Zone belongs toreal estate,which has different function with the habitable area.The former is to satisfy theneed to park only,while the living space has to protect the privacy of the habitants.Using thesame criterion with the living space to define Parking Zone as a special part is toosevere.Thus,the standard of Parking Zone being a special part may be considered to be lessstrict.The third part focuses on analysis of"owner need ".Law scholars most study theapplication of the relevent existing law,while come down rarely to the legitimacy of "ownerneed " in limiting the use of Paking Zone ownership."Owner need" is fact state.It is "real lifeneed","using need"and is non-retroactive."Owner need" is justifiable to limit the use ofPaking Zone ownership in the condition of being in shortage.And the good cause is that thisconditions impact on the public order,which leads to necessity of governmentalintervention.With the enrichment of Paking Zone resourse,it impacts no public order.Thusthe relevent regulations are not defined as perempotory norms.The contracts violating these regulations are not invalid.The fourth section is the improvement of the Paking Zone ownership system.The criteriaof Parking Zone as special part should be clear.The contents of the Parking Zone should bedefinite.Details of satisfication of owner need in the first place should be regulated.Registration system of Parking Zone should be improved.