On The System Of Use Right Of Underground Space In China

Today, with the swift and violent civil development of underground space resources, compared to advanced countries and regions overseas that have transformed from plane land to three-dimensional space legislation, adopted methods indicated in civil code or special space law, and established legal systems related to ownership and utilization of underground space, China, lack of law protection system for private rights of underground space, has become a system bottleneck of the legal and orderly development in the development and utilization of underground space.In the face of the lack of China's legal system of underground space, the regulations of "property law" are too abstract, local legislation is relatively one-sided,and macro management system is immature. Due to these system limitations, seeking a real right system to regulate the behavior of underground space development and utilization of civil law meets the needs of practice and legislation. The property law in our country, although not specifically use the concept "underground space rights", but has approved that the surface under certain range of space can become the object of property right, which provides underground space right system with system foundation.Based on this, from disputes in the practice of underground space development and utilization in our country and their solving paths in legal system, the building of use right legal system of underground space is the core link of space right system, and because the executing and operating of underground space right is closely related to land ownership and use rights, the complexity is much higher than that of other rights in the space right system. The construction of underground space use right system is both the important contents of enriching and pushing forward space right system and the highest emergency of resolving a large number of disputes in the process of the underground space development and utilization.Defining underground space right of use as a new type of usufructuary right does not violate one thing one right, legal real right, property publication and other principles. It not only has civil legislation and legal basis, caters to needs in the real life and judicial practice referee, but also has relevant public authority ofcorresponding advantages. In future, by building a legal system of underground space use rights, our country will lead the formation of legal system of the whole underground space, providing a strong legal support for the development and utilization of underground space resource in our country.Main body of underground space use right, compared with subjects of general civil rights, particularity features that in general cases, subjects have the abilities to manipulate capital, technology, human factors in the development and utilization of underground space. The object of underground space use right is different both from the whole underground space and that attached to the land use right of underground space. It's "typical space" which can be used for the development and utilization of underground space. The contents of use right of underground space include three aspects, power, boundary and relief. In the face of complex underground space development and utilization practice, it is more necessary to pay more attention to the dynamic running of rights based on static rights legal relationship.Through reference and analysis of legislative cases of advanced countries and regions overseas, extract specific rules of acquisition, change, publicity of underground space use right meeting actual needs of development of our country's situations. Combining legislation practice foundations in our country, perfect system construction of right running to resolve problems and contradictions in the process of underground space development and utilization, providing necessary system support for plane development of land system and three-dimensional use.Use of underground space is a mega project which will benefit the present and influence the future. How to foster strengths and circumvent weaknesses in the legal system building, and promote the development of underground space, not only needs the specification on the civil law, but also needs a lot of public law regulations, even more needs of the justice. This requests, in the building of underground space right system in our country, considering operation environment in the whole legal system,making legal norms create maximum efficiency in optimizing the allocation of underground space resources.Our country should consider using the opportunities of formulating the civil code or revising the property law in future to get the underground space exploitation rights involved in usufructuary rights, setting separate chapters of underground space exploitation rights in the civil code article of real right legislation pattern, and establish the legal status of usufructuary right of the underground space right of use.Through composite and special legislation, integrate the current relevant laws and regulations, establishing and improving the legal system of our country underground space right of use in response to the real demand of social development.