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On The Ownership Of Multi-purpose Civil Air Defense Projects

Posted on:2012-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:W Y SuFull Text:PDF
GTID:2216330338459408Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
When a thing is so valuable and related to multiple parties, conflict over it is unavoidable-all parties pursue their own rightful benefit from it. Multi-purpose civil air defense project is the case.In recent years, with the development and utilization of underground space, the economic value of civil air defense works has become increasingly prominent, triggering numerous disputes. At the same time, the discussion of multi-purpose civil air defense projects attribution of ownership is gradually warming up, it is multi-purpose civil air defense owned by the state? Can it private? What is it main function? On these issues, different scholars have different views, the benevolent see benevolence and the wise see wisdom. There are three camps basically:the state, real estate developers, and residential property owners. This paper is precisely to try to find a way that leading multi-purpose civil air defense ownership becomes clear from those controversies.This paper is divided into three parts. The first part focuses on the necessity of right confirmation. Disputes around the multi-purpose civil air defense projects growing range, different courts make different decisions, different scholars have different views. The root causes contributing to those problems are the unclear ownership and unknown parties. It is imperative to confirm the multi-purpose civil air defense projects ownership.The second part that investigates who should get ownership of the multi-purpose civil air defense projects is the main part of this paper. This part is committed to collecting the reasons for those three camps, analyzing one by one and giving feedback. On this basis, draw my view: multi-purpose civil air defense projects should belong to real estate developers. Civil air defense projects of investment diversification decide of ownership diversification. Multi-purpose civil air defense projects should be private; the privatization will not negate or weaken its defense capabilities under the guarantee of its masking function. Real estate developers get multi-purpose civil air defense ownership original base on new establishes, the source of rights is legitimate. Unless collected by the state or purchased by the owners; or acts of any claim of ownership constitutes a violation of the legitimate rights of the real estate developer.The third part discusses the social responsibility of multi-purpose civil air defense projects, that is, the boundaries of the scope of privatization. This is the primary problem which balance between maximize the economic effectiveness of multi-purpose civil air defense projects and ensure protection in wartime or disaster. The key to solving the problem is the state through the restrictions on the ownership of the content management constraints on the owners-the social responsibility of multi-purpose civil air defense projects.
Keywords/Search Tags:multi-purpose civil air defense projects, ownership, social responsibility
PDF Full Text Request
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