Reach Of The Real Right Of The Civil Air Defense Projects Combined With Ground Building

The civil air defense projects are underground constructions, which is for airdefense of wartime and for refuge of disaster, initially they are funded and constructedby the State, but taking into account the development of the urban underground spaceand the use of the civil air defense projects, countries proposed to encourage privatecapital to invest in and take part in, the concept of the civil air defense projectscombined with ground buildings came into people’s vision, and has increasinglybecome a major form of civil air defense projects. Underground mall, undergroundparking, residential basements, when we are enjoy the convenience and a lot ofground space brand by the civil air defense projects, he was a not grown up children,who there are a lot of problems. From the large number of disputes on the civil airdefense projects combined with ground buildings, we found two main problems atpresent are ownership and usually right of use. Therefore, this paper introduces atypical case in the first part by means of empirical analysis, the typical case isintroduced in the first part, two controversial points of the case are listed in thefollowing part. To ownership, because there are larger issues in theory and in practice,combined with the existing three views, the writer think that the civil air defenseprojects should be attributable to countries, and expounds the concrete reason, and putforward perfect egislative measures, which aims to realize the unification of theownership of the civil air defense projects, and provide reliable premise for use atordinary times as below. To the usually right of use of the civil air defense projects,the existing research is very less, so the author use qualitative analysis from a newpoint of view to put forward its own views, that is enjoying the ownership under thepremise of that usually right of use belong to the building usufructuary right, whichcan not only ensure owners deterrence state for civil air defense project, and ensurethe normal use of maximum human rights. After respectively analyze on the two issues, the author also provide solutions for the case, actually made it from the case,and return to the case, which will be strong practical guiding significance.