Research On Underground Space Legal System In China

No. 136 of Real Law prescribes that the construction land use right could be set up on the earth's surface, overground or underground. Newly set construction land use right should not do any harm to usufructuary rights that have already been set up." This prescription has set up legal warranty for China's exploitation of underground space in the form of the system of layered establishment, which has a practical significance. However, the legal system's construction of underground space exploitation can't be done in a day, the research purpose of this thesis is just trying to make the nomological fundament of underground space exploitation clear, and on the basis of which, the author tries to set up an all-round lex of underground space exploitation in our country, in order to prepare for China's construction of underground space exploitation system. The thesis consist of preface, text and conclusion. The text part mainly contains:Chapter one is the summary of underground space exploitation. Knowing the physical attributes of underground space is the jumping-off point of research on underground space exploitation legal system. The Chapter introduces the physical attributes and characters, the values, meanings and basic principles of underground space exploitation, and analyses the status in quo and main problems of underground space exploitation in China.Chapter two is the exploration on nomological basis of underground space exploitation. This chapter has a research purpose of making clear the nomological basisi of underground exploitation through research on the occurrence and developing course of foreign land space right system; and argues the rationality of constructing our underground space exploitation system in the form of construction land use right through the comparative analysis of major theoretic disputes in China's correlative laws.Chapter three is the perfection of legal system of our underground space exploitation. Stipulations in Real Law and other previous prescribed laws and administrative regulations are not perfect, the research purpose of this chapter is to establish an all-round legal system of underground exploitation. The author thinks that legal concept of underground space should be confirmed, the underground space registration system should be perfected, the disposal system of space adjacent relationship , the restriction system of underground space usage should be established, and the administrative legal system of underground space exploitation should be improved, thus perfecting legal system of underground space exploitation.