The Study On The Right To The Use Of Underground Construction Land

With human beings continuing to explore the land after the Industrial Revolution, Space Right came to being and was paid more attention to in the field of law .Being an important part of Space Right, Underground Space Right is a new topic in the civil law theory. Even though Property Law of China has not established the profit real right status of Space Right, the underground space is used as the use object of the construction right to be standardized. Presently, our country underground space is used and developed swiftly and violently. But "Property Law" in our country hasn't made the concrete stipulations , which causes the massive disputes to the residential district underground parking garage ownership in the practice.But in reality, underground space is utilized more and more. And there hasn't legal provision on it, so more and more disputes come to being .Legal provision is in great need . The paper is based on the radical theory of space right, specialized legal institutions of underground space in China. The author carries on the concrete analysis about underground parking garage power and points out some advice to solve the problem that who should have the right of residential district underground space.At present in our country the residential district underground space is mainly used to construct the underground parking. The property of the underground parking can be determined as follows: First, the developer obtains the right of use to the underground spatial construction ,or the rights of use to the residential district construction which the developer obtained include the underground parking place attached the underground spatial part. After investing constructing underground parking garage, they received the underground parking garage property rights card from the real estate department responsible for the work application.Second, the owner obtains the right of use to the underground construction together with the developer, has borne the underground parking garage construction cost, and has received the underground parking garage property rights card to the real estate department responsible for the work application..Third, as for the civil air defense project type underground parking garage, because the right of use to the underground construction belongs to the country all, therefore, this kind of underground parking garage belongs to the country all. But the person who has invested the capital enjoys the right of the use to the underground parking garage...