Study On The Ownership Attribution Of The Civil Air Defense Projects Combined With Ground Buildings

The civil air defense projects combined with ground buildings are the underground constructions in urban area. In peacetime, the projects can be used as underground markets or underground parking, bringing enormous economic benefits. In addition, the projects can provide safe places for people and materials when a state is in the time of war or disaster, which could guarantee people’s basic living. On the one hand, China has introduced mandatory provisions that the real estate developer must build the civil air defense projects combined with ground buildings when build the ground civil building. On the other hand, China has taken a series of preferential policies and measures to encourage the social capital to invest in building the civil air defense projects combined with ground buildings by establishing the principle that someone can benefit from the civil air defense projects combined with ground buildingsif he invests, making the projects develop rapidly. However, the lack of clear stipulations of the ownership of the civil air defense projects combined with ground buildings brings about lots of conflicts and disputes among the department of civil air defense, the real estate developers and owners.This thesis consists seven parts. The first part gives a brief introduction on the need of the study by giving the typical cases. Due to the lack of the clear stipulations of ownership of the civil air defense projects combined with ground buildings, the disputes of the ownership attribution of thecivil air defense projects combined with ground buildings emerge in an endless stream in judicial practice. Moreover, there has been no unified law basis in the judicial adjudication of local courts, leading to different sentences to similar cases which have destroyed the judicial justice and unity. The second part focuses on the theoretical framework on the civil air defense projects combined with ground buildings and its ownership, which lay a theoretical foundation for the present study. The third part introduces the legislative situation of the ownership of thecivil air defense projects combined with ground buildings both abroad and home. The legislative situation of the ownership of thecivil air defense projects combined with ground buildings in China includes the state laws, department regulations,the local laws and regulations and other regulations. In addition, the present study also gives a brief introduction of the relevant systems of the civil air defense projects combined with ground buildings in America, Switzerland, Sweden and Singapore. The forth part focuses on three theories of the ownership of the civil air defense projects combined with ground buildings, which are state ownership, developer ownership and propriety co-ownership. Combined with the author’s own idea, the author gives the theoretical foundations for each of the three points of view, which support the ownership of the state, the ownership of real estate developer and the ownership of owner and identify and supplement the idea that the ownership of the civil air defense projects combined with ground buildings belongs to the developers in the fifth part. The sixth part based on the legislative situation and relevant theories of the ownership of the civil air defense projects combined with ground buildings, the author put forward the basic principles of the ownership of the civil air defense projects combined with ground buildings and legislative measures. The basic principles are the agreed priority principle, the principle of separation of ownership and management and principle of integration of land and house. At last,the author make a concluding.In the perspective of the case of judicial practice, the present paper studies the ownership of the civil air defense projects combined with ground buildings with the help of case analysis method, literature research method, comparative analysis method and value analysis method. The innovation of the present study is to put forward the separation of the land-use right on the surface and underground land-use right providing the theoretical foundations for the ownership of the civil air defense projects combined with ground buildings and put forward that the premise of the ownership of owners is that the real estate have the ownership. This study also discusses whether the owners can earn the co-ownership or exclusive right after they pay the corresponding price.