人防车位权益分配研究

Study on the Ownership and Distribution of Interests of Civil Air Defense Parking Lots

人防车位是结合地下人防工程修建的停车位。由于人防车位权属界定不清,小区人防车位的产权归属纠纷也频频发生。在现实生活中,开发商与业主因人防车位的所有权而争到法院的情形也屡见不鲜。在权属界定不清,产权纠纷频发的情况下,人防车位利益分配上也出现了许多争端。在业主与开发商签订租赁协议前、签订租赁协议后及业主使用权期限届满后的权利关系应该是何种形态?本文将从现有观点与社会实际情况入手,将学界对于人防车位权益分配之相关问题的主要观点进行归纳。在厘清学界五种主要观点之后,针对上述人防车位权利归属与利益分配的问题进行深入探讨与分析,对部分现有的片面观点进行合理的反对,并给出原因。最后会提出国家具有人防车位所有权、开发商具有使用权和收益权、业主在签订租赁协议后具有其使用权的建议,以供参考。

Civil air defense parking spaces are parking spaces built in combination with underground civil air defense projects.As the ownership of civil air defense parking spaces is not clearly defined,disputes over the ownership of civil air defense parking spaces in residential areas occur frequently.In real life,it is not uncommon for developers and owners to compete with the court for the ownership of civil air defense parking spaces.Under the circumstances of unclear definition of ownership and frequent disputes over property rights,there have also been many disputes over the distribution of interests in civil air defense parking spaces.What kind of form should the right relationship be before the owner and the developer sign the lease agreement,after the signing of the lease agreement and after the expiration of the owner’s right to use it?This article will start with the existing viewpoints and the actual social situation,and summarize the main viewpoints of the academia on the relevant issues concerning the distribution of the rights and interests of civil air defense parking spaces.After clarifying the five main viewpoints of the academic community,we will conduct indepth discussion and analysis on the ownership and benefit distribution of the abovementioned civil air defense parking spaces,reasonably oppose some existing onesided viewpoints,and give reasons.Finally,suggestions will be made that the state has the ownership of civil air defense parking spaces,the developer has the right to use and profit,and the owner has the right to use them after signing the lease agreement for reference.