对停车场收取扣留车辆保管费的法律研究——从语用学中“扣留”与“扣押”的区别说开去

Legal Study on the Collection of Custody Fee for Detained Vehicles in Parking Lot

近年来,无论在理论界还是实务界,经营性停车场是否应该收取扣留车辆保管费一直是一个热点问题。语用学研究表明法律用语中扣留与扣押有区别,交管部门没有支付车辆保管费的法律依据;车辆保管合同的公私法混合性质,论述了停车场收取车辆保管费的法理基础;最后通过对《机动车停放服务收费管理办法》相关条款的解读,再次说明了停车场收取车辆保管费的法律依据。

n recent years,whether the detained vehicle should be charged by the parking lot or not has become a hot issue both in the theoretical circle and practical circle.Firstly,this paper clarifies the two legal terms: detention and custody from the perspective of pragmatics and then demonstrates that the traffic management department has no legal base not to pay the custody fee for the detained vehicles.Secondly,this paper explains that the parking lot has the legal base to collect custody fees by analyzing the mixed nature of public and private law of the detained vehicle custody contract.Finally,this paper once again shows that the parking lot has the legal base to charge by interpreting the relevant provisions of 'the charging method for the service of vehicle parking'.