Research On Policy Of Civil Works With Civil Airdefense Basements And Public Interests

In1997, China promulgated and implemented "civil air defense Law”, clearlystating that companies should build underground civil air defense works while startinga new civil building on the ground. Under the premise of maintaining its functionsduring the wartime, the use of civil air defense projects to serve for economicdevelopment and people living services in the peacetime is encouraging. At this stage,in quantitative terms, the construction of civil air defense works is mainly acombination of civil works and civil air defense basements (hereinafter referred ascombined civil air defense basements). However, there is no specific provision orprinciple in the civil air defense law to regulate this. The law cannot guide the practice,losing its lead function. Currently, the normative documents are regulating thisproblem. Within space prescribed the national policy, the variety of actual practice indifferent provinces makes provinces and cities using different standards, so the entiresystem is complex and messy.Documents themselves intersect with each other, and ambiguous expressionsmake this complex policy even more obscure. In addition, the design of newly builtcivil buildings is increasingly diverse, which leads to difficult in area calculation andmany other issues. This didn’t only cause the imbalance of law and interests ofdifferent parties, but also caused many contradictions. What even worse, it becomes abreeding ground for rent-seeking and corruption. This paper takes combined civil air defense basements as a research object, focusing on existing policies, and analyzes thelegislation status quo and problems.From the public interest point of view, this paper analyzes the conflicts betweenpublic interests and partial interests reflected in this policy, and it also tries to combcombined civil air defense basements policies from a new perspective. With theadministrative and public interests theory as the support, this paper comes up with onepoint that current combined civil air defense basements policies should be simplifiedand united, and some important provisions should be upgraded to law in order toorganize related regulations, to strengthen its authority, to narrow regional differences,to achieve the balance of different parties’ rights and obligations, and to promote thecontinuous, stable, and healthy development of construction of civil air defense.This paper is divided into three chapters:The first chapter, Background. Combining the practice in Ningbo, this chaptermainly introduces the concept of civil air defense, the concepts and classifications ofthe civil air defense works, the legal basis and the status quo of combined civil airdefense basements, and its development in Ningbo.Chapter Ⅱ introduces legislation status quo of civil works with civil air defensebasements policy and existing problems. Taking Ningbo as an example, it introducedpreferential policies in accordance with building civil air defense basements andconstruction on different grounds and how these policies are implemented in Ningb. Italso analyzes the existing problems.Chapter Ⅲ proposes advices about simplifying this policy and legalrecommendations. First, it analyzes the meaning of public interests and conflictsbetween public interests and partial interests shown in combined civil air defensebasements policy, clarifying the simplification and legalization of this policy willmeet the public interests. On this basis, it gives advice about simplifying combinedcivil air defense basements policy, in terms of protecting the public interest, balancinginterests of all parties, and meeting defense requirements, and confirming someimportant provisions as a law.