Judicial Analysis And Study On The Ownership Of The Civil Air Defense Works Constructed In Combination With The Surface Buildings

With the development of the domestic real estate market, city has become the center of the modern economic and city modernization level is increasing. Correspondingly, the statutory civil air defense works constructed in combination with the surface building are the main force of the development and utilization of the underground space. Most of the developers are investing in the civil air defense works. But because the ownership of the civil air defense works constructed in combination with the surface building is not confirmed clearly in the relevant law, the disputes between the developers, the residents and the relevant government departments have emerged. The problems on the ownership of the civil air defense works constructed in combination with the surface building must be solved urgently.The main methods of the paper are case studies, value analysis and comparative analysis. At first, facing the current trouble on the domestic system of the ownership of the civil air defense works constructed in combination with the surface building, based on the status quo on the questions of legislation, judicial practice, the maintenance and the management, the representation opinions on the developer-ownership theory, resident-ownership theory and country-ownership theory are analyze and reasoned. Then, the reason is the traditional real state ownership theory that the land surface has been regarded as the main part. Second, the hierarchical exploration theory in the land space is introduced and applied to analysis the status quo on the questions of legislation about the ownership of the civil air defense works constructed in combination with the surface building. Third, it is remarked on the check-in status quo involving the ownership of the civil air defense works constructed in combination with the surface building in the exploitation of the domestic underground space. At last, legislative proposals improving the ownership system on the civil air defense works constructed in combination with the surface building are given.