Research On The Disposal Of Parking Space And Garage In Residential Districts

With the continuous development of our economy, cars have become the necessities oflife of the residents. However, the shortage of car parking space and garage makescontradiction in real life frequently.“Parking difficult”has become a piece of heart disease ofthe general public.There exists debate on the ownership of residential parking space and garage. Most ofthe domestic scholars pay attention to its ownership. In fact, with the “People’s Republic ofChina’s Property Law”(2007) and the corresponding of judicial interpretation introduced,residential parking space and garage has been basically attributed after attentive studying. Ourlaw on disposal of residential parking space and garage, are more the Principle of theprovisions. And domestic scholars also have few studies on this issue. In view of this, basedon our existing legislation, this Paper reviews and discusses residential parking space andgarage in disposing of the issues which arise, and Puts forward a sound and improvingresidential parking space and garage disposal system of specific proposals and measures.The first part is about the basic theory of disposal of residential parking space and garage.Research on disposal of residential parking space and garage should be established on thebasis of existing laws. Therefore, this section firstly describes the legal nature of the differenttypes of residential parking space and garage. Then, on one hand, the existence of exclusiverights Residential Garage is affirmed by existing law and practice. On the other hand, it isimportant to regulate the disposal of residential parking space and garage, and because it isthe necessary facilities within residential areas.The second part is about the legislative situation currently and the plight of themanagement operations involved residential parking space and garage. Due to the lack oflegislative level and endless contradictions in real life, resulting in different historical periodsand different regions, different provisions were applied on such issues, which might becontradictory. The author elaborated my views combined with legislation and our nationalconditions, and attract a more mature approach.The third part is the disposal system of comparative law of residential parking space andgarage. The disposal of residential parking space and garage, in the other countries and regions has different approaches. It is of great significance to improve the disposal system ofresidential parking space and garage by understanding their background and methods.Although the practice of the common law system countries deserves attention, but byconsidering the basic state of the country and world, the author prefer to introduce theapproach to the problems of parking space and garage of Taiwan. And we can also learn fromthe humanization of common law system.The fourth part is about the suggestions on the legislation and management of parkingspace and garage of residential quarter in our country. Namely, by according to the nationalconditions and selecting the proper model, the author put forward to the disposal of parkingspace and garage of residential quarter: first, from the legal perspective to continuouslyimprove the supporting standard of the disposal of parking space and garage of residentialquarter. Second, reasonably increase the control index of planning and construction aboutparking space and garage of residential quarter. Third, perfect the system of propertyannouncement and registration. Fourth, establish and perfect the supervisory managerialmechanism.