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Measures for illegal parking of vehicles in residential areas
1. The Road Traffic Safety Law stipulates that the term "road" as mentioned in this law refers to expressways, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass. That is, the roads in the community do not belong to the scope of the Road Traffic Safety Law, except for the fire exits.
2. The Property Law stipulates that roads in residential areas should be owned by the owners.
According to the property contract signed between the owner and the property, the property has the right to manage the owner's vehicle, but it does not mean that the property has the right to punish. In fact, the property has no right to punish, let alone fine.
The crux of parking in residential areas is that people who have the right to punish can't control it, and those who don't have the right to punish can only rely on moral constraints. Moral constraints are obviously the weakest. If morality can be restrained, will there be parking?
Second, how to control chaos?
The author searched some suggestions made by Shanghai lawyers: 1. The property management company can agree to park the vehicles in an orderly manner when signing the property management contract, otherwise it will bear the liability for breach of contract.
2. You can remind the owner of the uncivilized behavior of parking in writing, or criticize it through billboards and electronic screens.
For serious violations of rules or social ethics, you can contact the integrity mechanism.
The limitation of the above opinions is that there can only be moral power to restrain the owner from parking. Without compulsory measures, car owners won't realize what their problems are.
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