The Research On The Underground Space Right System Of PRC

Since 21 st Century,the tendency of urbanization of our country has become more and more remarkable,the problem of short supply of land resource which caused by increasing population has become more and more severe,so enhancing the scientific and reasonable use of underground space is a critical way to solve the problem of short supply of land resource.Is has been a long time since our country started to exploit and use the underground space.However,the imperfection of the related law system has leaded to a lot of questions such as unfulfillment of planning and management,uncertainty of the ownership dispute.Although the Property Law has provided the layering differentiation of the construction land use rights,such simple term cannot meet the requirement of the complicated realistic practice.This paper analyzes and researches the weakness of the current underground space right law system of our country,and refers to the experience of underground space right legislation,then give suggestion for perfection of our underground space right law system binding to the current situation and law tradition of our country through four parts.Part one is introduction of the background and meaning of this research,the summary of the research achievement regarding the underground space right by thePart two is the describtion of analysis and weakness of our country's current underground space right law system.This part describes the weakness of the current law system with the dispute occurring in the practice through analyzing the history of the legislation and the current national and local related law and regulation regarding the underground space exploition and use.Part three is the reference of the legislation experience of the extraterritorial space right law system.This part compares the legislation history and the feature of the several main countries or regions of Anglo-American law system and Continental law system,and decirbes the reference value of legislation experience of the extraterritorial space right law system.Part four is the three suggestions for our country's underground space law system including completing the national legislation,completing the regulation of setting up,acquiring and transferring the underground space right,completing the registration regulation and other related regulation of the underground space right,according to the aforesaid three parts' analysis.