On The Lift Advertisement Proceeds System

Although common in our daily life, lifts and lift advertisement draw little attention from the public, much less the relevant legal issues. In both foreign and Chinese laws, lifts are only defined to be co-owned real rights as public facilities. However, in actual life, lifts have both co-ownership form and proprietary form. Besides, disputes often occur between employers and property management companies on the distribution of lift advertisement proceeds. The two themes are common legal subjects but few people care and no legal regulations are available. The paper studies lift advertisement in the following two aspects by means of social survey: 1) How to divide lift ownership among the employers to determine lift advertisement proceeds rights. 2) How to distribute lift advertisement proceeds rights between employers and property management companies.Part One of this paper describes the current status and problems of China’s lift advertisement proceeds system. It is divided into two aspects: 1) summary of lifts, lift advertisements and lift advertisement proceeds rights, which gives an introduction to the concept and characteristics of lift advertisements and, based on the investigation of actual situations, points out that lifts are composed of internal space and external space(lift hall); 2) expounding of the current status and problems of China’s lift advertisement proceeds system, which points out that China lacks of legal provisions on lift advertisement proceeds system, property owners have insufficient legal consciousness, and social awareness is not enough.Part Two is the legal principle analysis of China’s lift advertisement rights. Based on the theories of distinguishing building ownership and co-ownership, analysis is made on China’s lift advertisement proceeds ownership. The author analyzes different types of lift ownership among property owners. Lift advertisement proceeds rights are divided into the advertisement proceeds rights inside lifts and the advertisement proceeds rights outside lifts. The advertisements inside lifts consist of three categories: 1) legal co-owned lifts, 2) agreed co-owned lifts, 3) agreed proprietary lifts. The lift advertisement proceeds vary with the category of ownership accordingly. Besides, according to foreign co-owned real right theories, real right division modes include vertical ownership division, horizontal ownership division, and vertical plus horizontal ownership division. The above three modes are applicable to the advertisements outside lifts. Through the analysis, the author suggests that vertical plus horizontal ownership division mode be adopted to calculate the proceeds of advertisements outside lifts.In Part Three, analysis is made, in view of external relationship, on the legal disputes arising from the distribution of lift advertisement proceeds rights between employers and property management companies. The author analyzes their relations in view of laws and economics, and suggests that lift advertisement proceeds be shared by them to achieve win-win result.In Part Four, the author puts forward his suggestion on establishing and improving China’s legal system of lift advertisement proceeds rights in the following three aspects: 1) improve Real Rights Law, 2) improve Property Management Ordinance, 3) improve local regulations and bylaws. At the end of the paper, the author makes suggestions on making in-depth research to arouse attention from the public to the legal issues commonly seen in daily life, and popularizing the legal consciousness of lift advertisement and its proceeds, and raising the right-safeguarding consciousness of employers by deepening theoretical and precedent study. Moreover, he also suggests that the distribution of lift proceeds conform to the principle of cost-proceeds in economics so as to realize win-win between employers and property management companies.