Research On Legal Problems Of Underground Space Right

Start from the mid-19th century, the advanced Western countries beganlarge-scale development of underground space, and worked in the Civil Code, thespecial law, jurisprudence, or special special law formally established the legal systemand utilization of underground space. Broke through the Roman law of landownership up to heaven, under the center of the earth "absolute idea, clearing the legalobstacles to the use of underground space development. According to statistics, theutilization of urban space in developed countries has reached40%-60%. Developedunderground space development and utilization of the remarkable results, it is theinterests of development and utilization of underground space innovation andperfection of the legal system. The other hand, China’s civil air defense projects,subway, underground business street, tunnel construction has been everywhere, butthe underground space development and utilization of academic research andlegislation is very backward, our country specific legislation on the use ofunderground space is only reflected in the "Property Law"136In addition, somesingle law, and local laws and regulations on the development and utilization ofunderground space provides, in force since2007in Shenzhen City, underground spacedevelopment and utilization management "(draft),2007performed on April28,Tianjin underground pipeline project management approach ", no doubt, the legalrequirements mentioned above, especially the latter, for the orderly utilization ofunderground space resources, the definition of the underground space propertyrelations play an important role in, which to some extent, compensate for the legalexistence of the blind spot. However, the continuous development of the objectiveneeds to face the development of underground space resources, the existing legalsystem is still far behind the development of social practice, and there are manyimperfections. Of underground space for the right to legal issues, buildingunderground space in the legal system is rich theoretical guiding significance, but alsoconsiderable practical value. The preamble of this article, of the topics of reason, meaning, and thensummarizes the related research of this subject, and analysis of underground spacedevelopment and utilization of existing law, as specified in the specific direction andscope of the study road, the final wording ideas the author uses are described. Thebody part consists of four chapters. First, the definition of underground space in theright, the analysis shows that the right to underground space, the theoretical andpractical reasons, a systematic analysis of the concept of the right of the undergroundspace, nature, characteristics, and then in the underground space in the right system,the authors were carried out a detailed exposition of underground space ownershipand use of relevant theoretical issues; author of the legislation of the right of foreignunderground space mode of the sort, and a variety of legislative model aresummarized. After the end of the above theoretical analysis, the authors attempt toprevious research, the use of research to solve the underground space, the right tolegal issues, the author’s thinking for the Construction of Underground Space rightslegislation.