Regulations On Underground Space At Urban Area

The land shortage accelerates the use of underground space in most of cities. The utilization of city underground space, together with the contradictions and disputes resulted from uncertainty of property rights or lack of regulation, has attracted more and more attentions of both the academic society and administrative authorities at national and local level. Particularly, not only the system design, but also the management practices, as well as legislation exploration on city underground space utilization in China are still in their infancy period. In fact, developed regions have been intensively involved into underground space development for a long time, which has mitigated the city land shortage to some extend to meet the increasing demand for environment and transportation as a result of the booming urban population. As a result, local authorities have made their efforts in solving the problem of underground space utilization and management effectively. In particular, achievements have been made in terms of combining the civil air defense projects with the underground space development in accordance to the idea that constructions should serve both in the war time as well as in the peace time. The lag of national legislative system on city underground space is indisputable fact. Therefore, It is supposed to have significant implications on the design of national underground space legislation system, authorization, etc. to learn from the success regional experience on the principals and foundations of underground space management, planning and implementation, land use approval and construction, liability and responsibility, so on and so forth. Academically, the key issues of the underground space authorization remain at the theoretical stage. It calls for legislative refinement on the authorization and management issues to utilize city underground space scientifically and rationally and protect the right of ownership.This paper proposes and legislation analysis framework of the static ownership, dynamic utilization and adjusted management of underground space by analyzing the underground space regulations and economic foundations, and designs the system structure of legislation construction of underground space by using both of case analysis and game analysis. The paper analyses the property right, legislation system and management structure of underground space in terms of property right economics, property law, economic law and game theory etc. It also analyses the delegation of private right and public right defining underground space authorization, distinguishing land authorization from space authorization, analyzing the dynamic process of utilizing the underground space based on the delegation and transfer of authority, comparing and selecting the management system that fits into the domestic context, proposing legislation initiatives in order to facilitate scientific utilization of the underground space.A sensible authority delegation system should be constructed on the basis of the interaction of theoretical analysis and practice. This case study approaches that legislation system on public good is unsophisticated. Some explicit legal basis is missing, resulting in the situation of "similar cases, different judgments" due to the lack of sufficient legitimate support and uniform standards. Since the cost of litigation and the cost of internal negotiation play a key role in choosing the corresponding game strategies, the resource allocation underground space are supposed to be refined by reducing the various costs. The regional experience of the underground space management has shown that, advanced planning, exploiting the commercial potential of air defense facilitates, co-planning of ground and underground space have positive effects on the utilization of the underground space. In addition, the planning of the underground space needs to take into account the coordination of multiple departments, the accordance with "above-the-ground" planning, the convergence of the present situation to the future development and the connection between time and space. The research mainly solve the following three problems:(1) On the national level, how to improve the legislation system on the underground space management, supervise the people in charge and regulate the resulting institutional network. (â…±) How to find the requirements for balancing the authorization system from the dynamically utilizing the underground space. (â…²) How to learn from the experience of the domestic practice of the underground authorization management, utilization management, tax management and miscellaneous management to inspire future refinement on the control and management of the underground space.Firstly, this paper focuses on the analysis of the legislation system of the underground space ownership to study on how to improve the legislation system on the underground space management on te national level, supervise the people in charge and regulate the resulting institutional network. Through the review of the current laws and regulations in force, the paper analyzes the present problems related to the underground space ownership and compares the rights of disposing the underground space with other types of rights. The key points are the relevant problems related to the construction of the underground space authorization system, the reason for conflicts and "same cases, different judgments" and how to dynamically utilizing the underground space given the lack of laws on the underground space ownership. The main findings are: to respect the current right system of land and the current usufructuary? Right and to improve the underground space protection system are key issues of establishing underground space authorization system. The need for underground space disposal rights the realization of citizen rights give rise to increasing conflicts. The increasing need for relevant legislation support in the society is likely to push forward the construction and improvement of the current legislation system on underground space. Even so, although the legislation on the underground space is far from sophisticated, the underground space can be allocated in an optimal way through the dynamic games between the two parties involved.Secondly, the paper focuses on the analysis of the legislation system of the underground space utilization to find the balanced conditions of property right of underground space through the dynamic analysis. The paper explores the potential of developing underground space in China and the current problems, via studying the major realizing functions of the city underground space. Then the paper analyzes the dynamic utilization of the underground space in terms of authorization delegation and transfer. The key points are the space allocation of the underground space resources, the leasing and transfer of underground space resources, the confirmation and protection of underground space disposal rights. The results demonstrate that the planning of the underground space in cities should come before the development. The plan should be based fundamentally on the legitimate procedure and give priorities to the equality of parties, the transparency of the process and the sustainability of the program design, and that the growing development scale of the underground space in cities and the need to balance the development of the cities are calling for policies which encourage multiple sources of investment other than government finance to attract more funds in the society at large to actively explore the legislation support for the commercial use of air defense facilities and that, as an important category of real estate, the city underground space should be registered under real estate and managed as real estate assets.Thirdly, the paper focuses on the analysis of the legislation system of the underground space management. Study on how to learn from the experience of the domestic practice of the underground space authorization management, utilization management, tax and fee management and miscellaneous management to inspire future refinement on the adjusted management of the underground space. The paper sets off from the present management condition of the underground space and extensively studies its features, which provides the basis of the analysis on the conflicts of underground space management rights. The key points are the convergence of the planning rights of the ground and underground, the reason of the dual existence of problems and achievements in underground space management in Nanjing. The main findings include that the integration of the ground and underground planning entails the coordination of multiple departments as well as the communication between the ground and underground. The case in Nanjing shows that the underground space planning facilitated cooperation among multiple departments has shown respect for ground planning as well as the future planning. But fails to manage time and space simultaneously is the main reason for its success and problems.Finally, the paper discusses the legislation design and path selection. Through the analysis on heated discussed subjects such as:underground parking, air defense facilities and underground public facilities, the paper proposed a primary an ownership regulation of the city underground space, including the target, principals and path selection, on the basis of the principal of legislations and mode selection. On the details of the contents of the ownership system, the design of the underground space management system and the institution selection, the paper focus on the exploration of the contents of regulations and laws of the underground space management. Studies have shown that a complete management regulation system of the underground space management is viable through establishing laws on the underground space development, underground space utilization, underground construction projects management, underground space facilities management, technical standards of underground space development, commercial activities conducted underground space etc.