On The Construction Of The Underground Space Right

Property rights dispute over the ownership of the underground garage has been a hottopic of theoretical and practical circles,Especially since the implementation of the PropertyLaw.This paper tries to analyze this phenomenon institutional reasons,underground spaceright system is not perfect,turns right to explore the construction of the underground spaceright in China.Space stratification of the provisions of section136of the Property Law,our law hasbegun to attach importance to the utilization of space. However, by analyzing the depth of136,it is easy to see,the terms and conditions provide the rights of underground space in theconstruction land use right and so that underground space is affiliated to the construction landuse right. For the currant space utilization,this provision seems impeccable.But in the longterm,this requirement is not the most conducive to the development and utilization ofunderground space resources.By comparing the underground space right with the underground construction land useright, the article mainly analyzes the differences of the two rights and the problems of theunderground construction land use right, and thus proposes it is necessary for us to build theunderground space right and the concrete building.The first chapter of the thesis attempts to start practice controversial with two cases,points out that the right to vest the underground parking garage reality controversial.thenlevy different perspectives theoretically scholars, further points out that the scholars still havedisputes on this issue; by analyzing the relevant provisions of the judicial interpretation of theSupreme Court about the ownership of the condominium, points out that the Supreme Court’sinterpretation is still can not resolve the underground garage property ownership disputes;Finally, points out the reason why the disputes frequent and the root cause of MediatingDispute is the lack of underground space right.The second chapter first introduce the concept of the right of the underground space, andpoints out that the underground space right includes the ownership of the underground spaceand underground space use rights;Then through the comparison between the undergroundconstruction land use right and the underground space right provided for in section136of theProperty Law,points out that underground construction land use rights has many shortcomingsin the areas of construction land use right,further proposes to build the underground spaceright.The third chapter uses the method of comparative analysis of extraterritorial space byintroducing legislation to explore the extra-territorial system of our right to build undergroundspace reference.This section describes the understanding of the process of the space right andthe respective characteristics of space legislation mode in common law and civil law. The fourth chapter focuses on the construction of Underground Space right inChina.Respectively describe the legislative principles, the legal relationship, thecontents,establishment of the rules,made ways,duration,and the registration system.The afterword part returns to the right to the ownership of the article mentioned at theopening of the underground parking garage.It shows that the issue of ownership of theunderground parking garage can be solved after the law definitudes the underground spaceright.