Analysis Of The Legal Attribute And Legislative Conception Of Urban Underground Space Rights

With the rapid development of Chinese economy, population growth, andurbanization process accelerated, the contradiction between the scarcity of landresources and urban development has become serious. The development of urbanunderground space is larger and larger; the related legal problems of urbanunderground space rights have become increasingly prominent. But our country hasnot yet appeared special legislation of urban underground space right, only in someeconomically developed city enacted local laws and regulations. Therefore, we need acomplete set of urban underground space right system to solve various problemsarising from the development and utilization of the urban underground space.Establishing the theory of urban underground space right in property law system inour country, to solve the problems of the urban underground space in China, has theextremely important theoretical significance and practical significance.This article from four aspects to carry on the analysis of the basic theories ofurban underground space right of, the introduction, the historical origin, legal attributeand legislative conception of China. Based on introduction of the background andhistory of the urban underground space rights, the legislative value and he legislativepattern of the city underground space rights, summarized the principles of legislation,to put forward the legislative proposals of the urban underground space rights. Thisarticle mainly lies in the creative achievements from the relevant theories of urbanunderground space rights as the starting point, combined with the current situation offoreign legislation present situation demonstrates the choice of the legislative modelin China, at the same time, through the analysis of the legislative value and principlesof urban underground space development and utilization, to establishment andimprove the legal system of urban underground space right in China.