Research On The Legislation Of Underground Space Right Of Our Country

Land is the mother of wealth,and it is the most important material of human society, oneof the essential material wealth, is "the source of all production and all that exists. Nowadays,rapid population expansion, urbanization, limited land surface resources can not meet thepractical needs of society.People began to use the land use from the horizontal plane towardthe use of three-dimensional depth of the direction of change, ask for the development ofunderground space development and utilization has become an indisputable fact.Stereoresearch conducted underground space for human full and effective use of underground space,the right to study underground space gradually caused widespread concern around theworld.Now, with the continuous development of China’s economy, particularly land civilengineering, construction technology level of progress, underground mall, undergroundrailways, underground civil air defense facilities, the use of three-dimensional situationcontinue, making use of three-dimensional human beings turn the land from the plane tobecome a reality. In China, although the construction of underground street underground,underground railway and underground tunnels, have been found everywhere, but thecorresponding academic research and legislation are seriously lagging behind.China has noright to establish a unified system of underground space, the existing underground space rightlegislation also exists a low level of legislation, the legislative content of thin and otherissues.In practice, due to the lack of legislation, shall be vested in the underground space isnot clear, underground buildings, structures difficult to define property rights, resulting in thedevelopment and utilization behavior disorder, loss of state assets and other issues, hasseriously affected the effective use of underground space science.Therefore, this paper aimsto explore theoretical issues of underground space rights, combined with China’s actualsituation, analyze the necessity and feasibility of underground space rights legislation andlegislative proposals on underground space right outside the country by drawing on theexperience of legislation, with a view to China construct a complete system of undergroundspace right legal system benefit.In this paper, the theory and practice of the right to development status of undergroundspace analysis, revealing problems and learn from foreign legislative experience combinedwith China’s actual situation, make recommendations for the construction of China’s legalsystem of underground space right. In addition to a summary and conclusion of this article isdivided into four parts. First chapter introduces the research background, significance,underground space right research review and research content and methods.The second chapter analyzes the necessity and possibility of underground space right legislation andlegislation on the status of the status of China’s underground space development, points outthe underground space right legislation and practice problems in our country, the right todiscuss the reality of the necessary legislation underground space. The third chapter finds theright deconstruction of underground space, to clarify the theoretical level underground spaceright from the theoretical origin, nature, and scope of the right to define and constituterights.Chapter IV legislative ideas underground space right in our country, including theunderground space right to define the scope, including the right to define the scope of thedefinition of standards and the specific methods by defining the legal system of China’s landand underground space analysis to determine the scope of rights vested right to the mainunderground space, combined with China’s actual situation, through the analysis ofunderground space right outside the legislative model proposed legislative model ofunderground space on the right to select proposals.This paper focuses on the scope of theunderground space right above defined and property ownership in order to construct the legalsystem of underground space benefit.