" constitution " , " civil code general principles " waited for law to gift citizen person freedom and live quiet right.
And content counterpoises the law sets:
". . . . . .
The car that takes up other perhaps place uses the way with mutual owner at park car, belong to owner to share. Belong to owner to share..
" constitution "
Thirtieth sets 7 times: The person freedom of citizen of People's Republic of China does not suffer encroach. . . . . . .
Thirtieth 9: The residence of citizen of People's Republic of China does not suffer encroach. . . . . . .
" civil code general principles "
Dignity of the person freedom of the 109th natural person, character gets legal protection.
. . . . . .
Above law provision all is pair of owner " free discrepancy occupies place " legal basis.
This kind of behavior violated owner " person freedom counterpoises " and communal to the village parking space enjoys " mutual right " .
Owner serves as a of living village, the right drives to come in and go out freely him village;
And, owner regards village, house as the host of place, its call in relatives and friends also ought to be enjoyed jockey temporarily inside the village the right that goes visitting owner.
According to dweller village the building plans to set, development business builds dweller village, should press a car the parking space that configuration scale asks to configure formulary amount for the village, should include the parking space on a certain quantity of ground among them.
Use a village to build what owner belongs to to have land access to build jointly inside planning area " parking space of ground open air " , because of its land belongs to owner to share, so inside the village afore-mentioned " parking space of ground open air " authority is belonged to put in all owner 's charge collective and all.
The owner inside the village all has authority to be opposite of this part " parking space of ground open air " undertake be used normally! Anybody does not get illegal interference!
Accordingly, development business or property service is a profiteering, the owner that buys garage and parking space to doing not have not get out of the way enters a village, such practice is unreasonable, illegimate!
This problem, can serve administration institution to local government property -- this encroachs property of charge of department of administration of estate of government of people of above of local county class owner is unreasonable, illegimate behavior, the requirement gives processing, check, correct.
