In the process of promoting the adding of elevators in old communities,the biggest prob-lem lies in how to balance the interests and demands of all parties,and the essence of the problem lies in whether the source of the right to add elevators is justified and how to appropriately resolve various types of conflicts of interest.From the perspective of the justification of rights,the right to add elevators is justified:in essence sense,it originates from the practice of the concept of distributive justice and the protection of public interests,and in form sense,it originates from the Civil Code and the Barrier-Free Environment Con-struction Law.From the perspective of conflict of interest,the adding elevator firstly faces the conflict between public interest and private interest based on different nature of right-holders and the vague position dispute reso-lution mechanism;and secondly faces the conflict between private interest and private interest based on damage filling and cost sharing.Through empirical research:the judicial practice on damage filling can be summarized as type of compensation on discretion and the type of autonomy tolerance;as for the cost sharing,the practice can be summarized as the direct subsidy type and the flexible subsidies type.Considering the constraints on comprehensive solutions in different places,the"cost-benefit"can be used as an analytical tool to build a solu-tion framework,and the establishment of public easements could be used as a method of implementation.
关键词
加装电梯/公共地役权/无障碍环境建设法/老旧小区
Key words
Adding Elevators/Public Easement/The Barrier-Free Environment Construction Law/Older Communities
维普
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