Research On Underground Space Rights In China

Before the Industrial Revolution in the 19th century, land is mainly used on the surface, and the space under the surface is rarely used. However, now, the development and improvement of the productive forces causes the expansion and prosperity of the cities in all the countries, then, the urban land, as precious as gold, growing shortage, consequently, urban problems become more serious. Conflict between land supply and demands spurred the use of land below the surface. Three-dimensional use of land can not only ease urban land demand pressures, but also be more effective to improve the efficiency of utilization of land as a whole. Compared to the developed Western countries, the use of underground space in our country is backward, but the pace of development is faster, since the 1850s’civil air defense projects, just after a few decades, the number and scale of China’s underground space projects have already been the world’s leading level. However, in our country, the exploration for underground space right is limited to the theoretical level, legislative and judicial areas rarely involved, the legislation of underground space rights is almost empty. This paper aims at the overview and analysis of the underground space rights and the comparative analysis of the legislation and academic achievement of Western developed countries, summarizes the underground space rights legislation model which is suitable for our specific practice, combines with China’s urbanization process and the legislative situation, and further proposes the advice for the building of our country’s underground space rights system.This paper is divided into six parts:The first part introduces the background and significance of this paper, the raising of the problem of underground space rights and so on. The second part outlines the rights of underground space. This part includes the evolution of the space rights and the emerging, concept, features and the nature of underground space rights.The third part compares, analyzes, summarizes and refines the underground space rights legislation in the United Kingdom, the United States, Germany, Japan and Taiwan region. In this part, with the view to learn from other countries and region’s successful legislation experience, considers China’s situation and puts forward for the legislative model and style which can force the development of China’s underground space.The fourth part includes the utilization status and problems of underground space, the legislation status quo of underground space rights and the value and significance of establishing underground space rights in China.The fifth part shows some recommendations for the legislation of underground space rights in China. Firstly, this part proposes legislation guidelines of underground space rights. Secondly, through the comparative analysis of foreign countries’legislative experience and the consideration of the status quo of China’s legislation, proposes the legislative model and style for underground space rights. Finally, proposes the legislative proposals of underground space rights’subject, object, content, obtaining, registration, adjacent relationship and management.The sixth part summarizes the key issues of this paper, comes to the conclusion of the necessity of underground space rights legislation, and further points out the ideas of improving underground space rights legislation.