On The Ownership Of Parking Spaces In Residential Quarters

With the rapid development of our country’s economy and society,private cars have been gradually into the ordinary family.The growing popularity of private cars in urban residents of the process,the problems derived from the residential parking problems become increasingly prominent.In particular,the ownership of residential parking spaces and the resulting who parking spaces,who stop,who proceeds and other issues,become the focus of the dispute of residential parking spaces.Solve the contradiction of residential parking spaces,in the final analysis to rely on the civil law,and the first is to solve the problem of the ownership of parking spaces.Only to find out who is the parking spaces,in order to answer to who stopped,who prices,who gains and a series of doubts.In this paper,by using the basic theory of distinction between ownership of the building,in the judicial practice typical case analysis,the academic circles on the research,theory of parking rights situation in some countries and regions on the current legislation and the ownership of parking spaces and parking right in our country belongs to the Legislative Analysis on the basis of criticism,focus on the "property law" the framework and to be "property law" revision,legislative proposals to improve China’s ownership of residential parking spaces.First,the current "property law",put forward all kinds of car ownership,"first refined to meet the needs of the owners" provisions,establish legal system,improve the proportion of parking spaces exclusive ownership of parking spaces registration system development cost of real estate enterprise cost information disclosure system,improve the system of the owner Autonomous six improvement measures.Second,reference to the United States and China’s Taiwan region of parking spaces for private cars and the mode of legislation,our country has much difference between the actual situation,proposed the establishment of a total of two residential parking spaces and residential parking system legislation has legal system,and the two systems in the design of legal parking spaces,parking spaces cost allocation way,"designated for special" parking methods three key problems and put forward solutions.This article believes that in the future of the "property law" to modify or develop specialized legal process,the establishment of residential parking spaces for all systems.