Research On Several Legal Problems Of Underground Space Right

From3million years ago, earthen tunnels and subway to the21st century,people’s life has always been closely linked with the underground space. With therapid development and urbanization of China’s economy, China has become a largeunderground space development and utilization of the country, and to strengthen thedevelopment and utilization of underground space has become an important issue.The space right in nineteenth Century during the industrial revolution, thedevelopment level of national economy, research on this emerging right and itsrelated theory of attention are also different. Study on underground space right inChina started late, after the reform and open policy, along with the development andutilization of underground space of constant temperature, the study about thesystem of underground space right is paid more and more academic attention. Fromthe tunnel and subway Three million years ago vertical hole to twenty-firstCentury, people’s life has always been closely linked with the underground space. Thedevelopment of economy and city urbanization, China to strengthen the developmentand utilization of underground space resources has become an important issue.Britain was the first country put forward the concept of space right, the spaceright law system construction and development are more mature. After the UK,American earlier also produced the concept of land space right. American is a caselaw country, the space right first through the case to determine the influence ofRome, in the method of absolute land ownership principles, legal precedentand the principles established America jurisprudence regarding land owner canbe space to lease or transfer. Germany is one of the most important countries of themodern civil law, the right of space made as early as1896, the German Civil Code of1012nd1900implementation of provisions. The provisions of the French onthe underground space right is to proceed from the mineral resources, in1810theFrench establishing special law,the formal mining right and land ownership separationJapan established the space right system in the late50’s of twentieth Century, becauseof housing, traffic, environment, city land prices, prompted Japan city traffic facilitiesand the adjustment of industrial structure, this promoted the development of Japaneseland to use of three-dimensional direction. China’s space right system of the direction.China’s space right system of the Taiwan region is British, American, Germany, France and Japan appeared later, since70’s of the twentieth Century, due to theeconomic development of Taiwan, and change the way of life, resulting in a rapidincrease in population, the city land price rising. In February14,1985, Taiwan"Supreme Court" to solve the practice in a specific problem, on a table No.379th judgments of the first case shows how the basic position of recognition of spacesuperficies.Our country about the underground space right law first appeared in the1995"land ownership and rights to the use of a number of provisions", but it is only forthe land use special norms. Since1995,China’s legal system of underground space hasbeen the construction and development of ten years, although the legal system of theright of underground space in China in the last ten years has made someachievements, but there are still many problems in practice. The legislation in ourcountry should make full use of underground space right legal system of spaceright, USA Britain, Germany and Japan and other countries, draw them in theconstruction of the successful experience and lessons. At present, the legal systemof underground space right of our country has not formed a complete legal system.Look from practice, the urgency of perfecting the underground space legislationreflects in underground engineering planning, construction, existing facilities. Ithas become the biggest obstacle to restrict the right to use underground spacedevelopment and utilization, there is an urgent need to develop and improvethe relevant technical standards and development and utilization of underground spaceand technical specifications.In view of this, in-depth analysis of legal system of underground spacerights may be encountered in practice, and then classified into underground spaceright legal system, has a more profound theoretical and practical significance for theconstruction of the legal system of China’s underground space rights.This paper mainly introduces the purpose and significance of the topic, thereason summarizes the research status of this topic at home and abroad, and analyzesthe problems existing in the development and utilization of underground space andthe right legal system, points out the path for the concrete research direction and theresearch range.In the second part, which consists of five parts, its stated as follows: The first part of the analysis of the research background and significance. Thedomestic and foreign research present situation, research methods, innovationpoints and difficulties.The second part is an overview of the basic theory on the system of undergroundspace right. Including the concept of the right of underground space, undergroundspace right legal relationship, underground space rights and the distinction betweenthe concepts and basic problems.The third part is a comparative study about the system of underground spaceright at home and abroad. Successful experience about the underground space rightlegal system of Britain, Germany, France, American, Japan and China’s Taiwanregion construction, provides the reference of legislation and practice with a viewto the underground space right of our country.The fourth part is the depth of analysis of the problems and the development andutilization of underground space in China legal system. Mainly include: the nature ofthe problem the canonical name of underground space in China urgently needs tobe clear, the underground space right of our country is not clear, the collectiveland ownership of underground space.The fifth part put forward some opinions, constructing the legal system ofunderground space right of our country mainly include: perfecting the undergroundspace right of our country’s legislative principle, legislative mode, perfectthe underground space right of our country in three aspects of the undergroundspace in our country’s legislation and other content.