The Legal Research Of Urban Underground Space Rights In China

In the process of China’s urbanization, there is a growing contradiction between therapid development of the city and the scarcity of land resources. Humans began to develop thespace of sky and underground because the limited resources of surface,and then using anddeveloping the land tridimensionally has become a trend for the development of modern city.Exercising the right of using construction land hierarchically, which is set in the Section136of Property Law，provides a legal basis for developing and using urban underground space.However, the regulation is so abstract that it can’t meet the needs of rapid urbanization andthe development of our society and economy. Therefor, we need to put it on the agenda thatenriching and improving the right of underground space.Concept is the basis of studying specific legal issues. From aspect of resource scienceand law science,this paper think underground space rights is a kind of usufructuary rights,withthis right, civil subject can own, use, earn and disposal the specific scope of undergroundspace. Underground space right has it’s own practical and theoretical basis. The practical basiscan be divided into economy foundation and science foundation. At the same time, thetheoretical basis include theories of land development rights, space rights and the sustainabledevelopment.There are some enlightenments for the improvement of Underground space rightsthrough introducing, analyzing and comparing the regulations of common law system andcivil law system. The development and utilization of urban underground space can be dividedinto three stages according to it’s characteristics and forms.This paper analyzes problems ofunderground space rights from aspects of legal system, development and utilization,plan andmanagement through activities of the urban underground space and introductions of nationaland reginal laws. On the basis of above-mentioned,this paper argue that the legislation ofunderground space rights should refer to the civil model and integrate contents ofunderground space rights. At last, the paper think the method of solving problems ofunderground space rights is to make the legal regulations,establish the system of transferringrights and improve the management of underground space.