On The Right Of Underground Space

Underground space is a geography concept, refers to the naturalformation of rock or soil space or the development of artificial space.Since the Roman law, especially in the19th century before the IndustrialRevolution, human used land mainly for agricultural purposes. However,with the development of economic and society, the demand for land isincreasing, and the shortage of construction land supply have becomeincreasingly prominent, so people turned to the utilization of urbanunderground space. In recent years, many cities have emerged using theunderground space to construct underground garage, shopping malls andair defense construction and so on. In the new situation of land-use, thetraditional theory of property rights are increasingly becoming obstaclesto independent of underground space, and bringing underground spaceinto the property system. For various problems exist in reality, especiallyin response to some typical problems, such as the right to ownership ofthe garage, theorists and practitioners have different opinions. Therefore,we must seek new breakthroughs in legislation. This paper tries toanalysis existing theoretical of underground space of other countries and regions, and introduces legislative practice of space rights in somecountries with the perspective of underground garage, combined with ourcountry national condition, and gives some legislative proposals for theconstruction of the underground space right system. In order to providefor underground space rights legislation and practice as a reference.Therefore, this paper analysis the construction of underground space rightsystem combined with the foreign legislation and the status of our country,and proposes the simple concept of establishment and improvement ofthis legal system, in order to provide legal basis to regulate thedevelopment activities of underground space.This paper is divided into four parts, the first part mainlydemonstrates the legitimation of underground garage regulated by spaceright, and made a comparative study combined with China's property lawand space rights legislation of foreign Anglo-American law and civil law.The second part mainly introduces basic theoretical issues of the producefoundation, properties and implication of underground space, which is thepremise of building right space legal system. The third part describe thespace rights systems of the United States, Germany, Japan and Taiwan,and comparative analysis space rights legislative model of these countriesor regions, and provide some legislative proposals of building the rightsystem of underground space.