From the analysis of types, residential parking spaces can be divided into property rights parking spaces, civil air defense parking spaces and non-property non-civil air defense parking spaces. In recent years, with the continuous improvement of people's legal awareness, especially the increasing demand for rigid parking spaces, the contradiction over the ownership of parking spaces in residential areas has become more acute, and the corresponding problems have become more and more diverse, which has brought a series of negative impacts in society.
The dependence on the "Property Law" is more obvious in resolving the ownership of parking spaces in residential areas, but in practice, the issue of ownership of parking spaces has not been effectively resolved at the legal level, and many disputes have not been effectively handled. In view of this, it is important to explore solutions to legal issues related to the ownership of parking spaces in the community in the new era.
I. Overview of Legal Disputes over the Ownership of Parking Spaces in Communities Legal disputes over the ownership of parking spaces in communities are relatively diverse, but the core of the dispute is who owns the property rights. It is worth pondering what criteria and theories are used as a basis for the division of tenure.
The promulgation of the "Property Law" has provided legal guidance for the division of ownership of many items, but many stakeholders are involved in the division of ownership of parking spaces in residential areas, and the subjects of ownership claims and demands are very diverse, and with the continuous rise of parking space leasing and buying and selling prices, the complex interest relationships entangled behind them have also led to increasing disputes over the ownership of parking spaces.
What is more serious is that the solution of legal issues related to the ownership of parking spaces in residential areas is not simple, and it is also very difficult to clarify the specific ownership. So far, the legal issues related to the ownership of parking spaces in residential areas have not been effectively resolved, which has also led to the inability to effectively divide property rights in judicial practice, which is not conducive to the improvement of judicial credibility.
For the government and relevant agencies, how to solve the legal issues related to the ownership of parking spaces in the community is also worth in-depth consideration and exploration.
II. Difficulties in Defining the Ownership of Parking Spaces in the Community At present, the legal difficulties in clarifying the ownership of parking spaces in the community mainly include the following three aspects: (1) The relevant interpretations in the "Property Law" are not comprehensive Paragraphs 1, 2 and 3 of Article 74 of the "Property Law" all clarify the ownership of garages and parking spaces.
However, under the commercial operation of developers, parking spaces show complex characteristics in terms of clear ownership, and the "Property Law" does not provide a detailed interpretation of the division of ownership of parking spaces in residential areas, which also makes it very difficult to divide and clarify the ownership of parking spaces.
Taking the content of paragraph 1 as an example, it is taken literally that although the relevant provisions protect the priority of the interests of the owner, when the owner waives the relevant rights, the non-owner can enjoy the corresponding rights, and the purchase and sale of parking spaces will be more free.
In addition, when some developers cleverly occupy parking spaces and buy and sell them in various forms, it is difficult for the Property Law to fully apply to the clarification of the ownership of parking spaces in residential areas. In addition, the "Property Law" does not involve the registration of parking spaces in residential areas, and there are no detailed provisions on how to divide, exercise and restrict the ownership of different owners in the owner's shared parking space, which also increases the difficulty of clarifying the ownership of parking spaces.
(2) Higher Complexity in Judicial Practice In judicial practice, legal disputes arising from the ownership of parking spaces in residential areas are relatively difficult to handle, and judicial practice experience has not become an effective reference for the formulation and improvement of relevant laws. Legislation guides the law, and the law itself should provide effective support for the regulation of social order and the solution of related problems.
In other words, judicial work needs to be clearly guided by the law in the resolution of legal issues related to the ownership of parking spaces. However, in specific operation, the resolution of legal issues related to parking spaces in residential areas will involve the "Property Law", "Contract Law" and other relevant legal issues, which will also greatly increase the difficulty of solving relevant legal issues in judicial practice.
When it is impossible to effectively handle specific disputes and problems in judicial practice, it is naturally very difficult to resolve relevant issues purely from the legal level. From this point of view, judicial practice has a high degree of complexity, and when specific problems cannot be effectively handled and resolved, it is not conducive to solving legal problems related to the ownership of parking spaces in communities in the new era.
(3) Lack of Legal Parking Space System At this stage, there is no legal parking space system in China, and the lack of legal parking space system also makes it impossible for the law to provide effective assistance for community parking and the resolution of legal issues related to ownership.
What rights the owners of the community should enjoy in the parking spaces in the community and what kind of rights they should have cannot be effectively clarified. The perfection of the law itself requires a certain period of time, which also makes the supporting system often need to play an effective role in making up for legal defects.
When the legal parking space system itself is not perfect, and the shortcomings at the legal level cannot be effectively compensated, the weakness of the law in solving the legal problem of the ownership of parking spaces in the community will be continuously amplified. From this point of view, the lack of a legal parking space system will also become a difficult point in solving the legal problem of ownership of parking spaces in residential areas at this stage.
III. Suggestions for Resolving Legal Issues Concerning the Ownership of Community Parking Spaces (1) Improve the Interpretation of Property Rights Ownership in the Property Law The mainland is a country with written law, and the solution of the legal problem of ownership of community parking spaces still depends on specific written laws, improve the interpretation of property rights ownership in the Property Law, and combine the nature of community parking spaces.
It is also important to refine the interpretation of disputes related to the ownership of parking spaces in the community, and to improve the interpretation of the property law related to the division of ownership of parking spaces in the community. By supplementing the contents related to the ownership of parking spaces in residential areas in the "Property Law" and issuing specific judicial interpretations, they can provide effective support for the solution of specific problems in judicial practice.
However, we should also realize that it is very difficult to improve the "Property Law," and the increase in the content of interpretation of property ownership will certainly have a direct impact on the solution of many problems in practice. Therefore, it is necessary to improve the relevant provisions at the legal level step by step.
This is also an effective strategy in resolving relevant legal issues. With the continuous improvement of the maturity of relevant laws, the Property Law can also better guide the resolution of specific legal issues.
(2) Promulgating Local Regulations to Guide Judicial Practice In the process of improving relevant laws, local governments may issue local regulations to guide judicial practice in light of the market prices, transaction conditions, and dispute status of parking spaces in local areas, so as to better guide the resolution of legal issues related to the ownership of parking spaces in communities.
For example, Beijing Municipality has promulgated the "Beijing Municipal Civil Air Defense Regulations," which stipulate that developers do not have ownership rights, but have the right to use and manage the proceeds and can rent or give away civil air defense parking spaces. Other local governments can also issue relevant policies and regulations to make up for the shortcomings of specific laws.
It provides some reference and support for the resolution of legal issues related to the ownership of parking spaces in the community in judicial practice. With the continuous improvement of basic laws and the maturity of supporting policies and regulations, the handling of disputes related to the ownership of parking spaces in residential areas can become more standard in judicial practice, and some accumulated experience can provide a lot of help for the improvement of relevant laws.