Research On Civil Air Defence Infrastructures Ownership

The peacetime-wartime combining constructing policy results in that lots of civil air defence infrastructures have both functions for peacetimes and for wartimes. Meanwhile, the investment from private sector results in that there are both private and public interests in these facilities. This diversification of functions and interests makes that the problem of civil air defence infrastructures ownership is not likely to be resolved only by public law or only by private law. Civil air defence infrastructures as a kind of domaine public, both public and private laws are applicable. It needs be researched by domaine public law theory, from a new perspective. This thesis summarizes problems of positive laws and current situation by empirical research, literature research, regulations and cases research; analyzes the dual structure of both public property rights and private property rights on civil air defence infrastructures; discusses concrete issues about public rights and private rights and provides several proposals of law amendment.This thesis includes seven parts:Part I, “introduction” introduces the realistic background of this issue, and summarizes existing researches.Part II, “the existing problems for current law system about civil air defence infrastructures ownership” introduces the case study undertaken by the author of this thesis of several air defence infrastructures which were solely built and invested by private funds. Then several existing problems for current law system are summarized by these investigations and other information resources.Part III, “structure of civil air defence infrastructures in the perspective of domaine public law” discusses basic concepts and theories of domaine public law; argues that civil air defence infrastructures belong to domaine public; brings the “correction private property right theory” and the “dual property right structure of domaine public theory” into research, while looks for resources and supports of these theories from Chinese positive law. Then the new structure of civil air defence infrastructures ownership is deduced.Part IV, “the private property right of civil air defence infrastructures” analyzes the nature and content of the private property right of civil air defence infrastructures, the ownership under various specific circumstances, and discusses restrictions of these private property rights.Part V, “the public property right of civil air defence infrastructures ”, argues the nature, content and ownership of public property right of civil air defence infrastructures, and discusses several specific issues about these public property rights, such as supervision and management in peacetime, maintenance, definition of wartime, the specific content of public property rights in wartime. Whether it attributes to expropriation or requisition and should it be compensated.Part VI, “the improvement of law system about civil air defence infrastructures ownership” provides several legislative proposals about how to improve law system about civil air defence infrastructures ownership.Part VII, “conclusion” concludes main points of view of this thesis.