《物权法》颁布之后,小区地下车库问题成为一个焦点。原因是物权法第74条规定过于简单和模糊,因此发生了很多争议,这有可能导致法院在这类问题上判决可能会有多种可能。本文重点讨论是如何在《物权法》的现有框架内解决地下车库的法律定位问题,同时厘清与物权法规定相抵触的行政法规。即应当肯认地下车库的所有权客体地位,同时应该将地下车库所有权纳入登记交易框架。本文同时认为,物权法的本身不承载解决社会问题的职能,从保护业主利益角度出发,地下车库的制度设计应当更多的向公共政策空间延展。 After the promulgation of the Property Law, the problem of the underground garage in the community has become a focus. The reason is that the provisions of Article 74 of the Property Law are too simple and vague, so a lot of controversy has arisen, which may lead to the court may decide on such issues may have a variety of possibilities. This article focuses on how to solve the legal orientation of the underground garage within the existing framework of the Property Law and at the same time clarifies the administrative regulations that conflict with the provisions of the Property Law. That is to say, the ownership of the underground garage should be acknowledged as the object status and the ownership of the underground garage should be included in the registration transaction framework. At the same time, this article also considers that the property law itself does not carry the function of solving social problems. From the perspective of protecting the interests of owners, the design of the system of underground garage should be more extended to the public policy space.