Research On The Legal Regulation Of Urban Underground Space Development And Utilization In China

For the rapid development of urbanization,A large number of people get into the city,The contradiction between human and land come to be intensified.There are many problems appeared at city.Such as urban traffic congestion,Green space to reduce,Pollution increase,City government facilities with the urban population is not matching.Under the condition of the surface construction has tend to be saturated,people turn to make using of the underground.The development and utilization of the underground space degree make a significant influence at the sustainable development of a city.Compared with other countries,The development of urban underground space using is more lower,The legislation about underground space was starting from nearly 20 years,so,the urban underground space development and utilization of our country legal regulation, there are a lot of shortcomings Needs further research.This article from the perspective of economic law, land law,By means of comparative analysis and literature analysis, This paper mainly discusses the legal regulation about urban underground space utilization and development in our country at present situation, existing problems and corresponding improvement methods.This paper is divided into four parts:The first part "the underground space development and utilization of the related concepts and theoretical basis". expounded the concept of underground space and underground space resource,cleared the ownership of the underground space of the underground space, the general requirements of management, and utilization of underground space.The particularity of underground space determines the necessity of the research on the underground space and the separate regulation.The second part "the legal regulating about the underground space utilization and development status quo".Mainly to the national level and local level underground space legislation situation described,And points out the legal regulation system about urban underground space utilization and development of the corresponding problems,Such as the low legal effection;and there are much problems in underground space planning management,land use management,registration of titlehood,Etc.The third part "the underground space development and utilization of outside legal regulation",Selection of Britain's underground space planning and management, Japan's big depth of underground space.The establishment of perfect procedures for the development and utilization of underground space and the establishment of public participation and public supervision mechanism in Britain and Japan is worthy of our studying.The fourth part "to perfect our legal regulation system for underground space development and use",Propose to solve the problems which have be mentioned in the second part.Establish an independent legal system of underground space.Set up the whole underground space planning procedure, to develop underground space planning rational.To set up a complete underground space administration program,unified management of underground space prices.Establish the complete lower space authority register procedure,and settle the early problem of underground space.To establish and utilize the incentive and support mechanism for underground space development.Establish the information dynamic management mechanism of underground space.There are three main points of innovation in the fourth part.First, the management of the underground space transfer fund.This paper summarizes the rules of the management of assignee from the local legislation, and puts forward the formula of formation of assignee. Second, the technical incentive and support policies of underground space are proposed.Third, it is proposed that the underground space information dynamic management mechanism should be included in underground space development and utilization management.