Study On The Using Rights Of Underground Construction Land

Before the industrial revolution around the world, the use of land mostly onlystay on the surface, when the understanding of the range of people involved in landuse is "up to the sky, and the center of the earth. But with the development of scienceand technology, social progress, the concentration of the city, population density andother factors, the use of the surface can no longer meet the needs of the people’sproduction and life, so people began to seek hierarchical use of land. Some developedcountries, the underground use of Practice has proved that the effective use of the landcan not only ease the contradiction between supply and demand of land, but alsoprovide a good way for the sustainable development of cities. Since then, investors setoff a craze of underground development and utilization of this phenomenon is thesame in some developed cities.In our country the rapid development and utilization of undergrounddevelopment, legislative practice lag brought difficulties. Articles by undergroundconstruction land use right of inquiry hopes to provide guidance for the practice.Introductory article on the underground from the existing construction land use rightsof theoretical research, legislative situation, practice the three aspects of our currentsituation underground construction land use rights are analyzed, that the undergroundconstruction land use rights we need to improve the system for further investigations.At present, China theorists and legislation as well as the title of this concept there aredifferences on the definition of connotation. The article points out undergroundconstruction land use right to take this title is more appropriate; while the connotationof the concept for this trait from the object, the object scope, nature, and purpose ofuse rights and other aspects of certainty, that the underground construction land useright means the use of surface rights holders Under certain range of buildings,structures and ancillary facilities, according to the law of the land surface under arange of land tenure, use and income rights. In this paper a comparison betweenrelated concepts through underground construction land use right that is indeed theright to use land for construction a form that only the amount of the differencebetween the two there is no qualitative difference. About the current undergroundconstruction land use rights of the subject, the object is not clear question paperproposes some of his views. Article that underground construction land use rights forthe country’s first principal. The object is not clear for the rights issue, the text objects range from public and private law subject to two factors, we suggest you can bycontract or by planning two ways to determine the scope of the right to object. Inaddition, the paper also briefly respect the rights of content analysis. Undergroundconstruction land use right ontological parts, including the underground constructionland use rights acquisition, elimination and publicity. The article points outunderground construction land use right transfer mode can be achieved, transfer,assignment, etc.. In the establishment of underground construction land use right shallconsent land management department and planning department consent and withoutprejudice to the usufruct has been established, but on the need for the consent of thesurface construction land use rights of people agree with this issue, the paper is heldnegative attitude. In addition, the section also Analysis of the undergroundconstruction land use rights and the elimination of the main legal effect. Finally, thissection points out the comparison method of underground construction land use rightand vertical boundary plane boundary should be clearly registered.