Research Of Underground Space Right

In the process of China's urbanization,there is a growing contradiction between the rapid development of the city and the scarcity of land resources.Humans began to develop the space of sky and underground because the limited resources of surface,and then using and developing 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 Section 136 of 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 and the development of our society and economy.Therefor,we need to put it on the agenda that enriching and improving the right of underground space.Concept is the basis of studying specific legal issues.From aspect of resource science and law science,this paper think underground space rights is a kind of usufructuary rights,with this right,civil subject can own,use,earn and disposal the specific scope of underground space.Underground space right has it's own practical and theoretical basis.The practical basis can be divided into economy foundation and science foundation.At the same time,the theoretical basis include theories of land development rights,space rights and the sustainable development.There are some enlightenments for the improvement of Underground space rights through introducing,analyzing and comparing the regulations of common law system and civil law system.The development and utilization of urban underground space can be divided into three stages according to it's characteristics and forms.This paper analyzes problems of undergroundspace rights from aspects of legal system,development and utilization,plan and management through activities of the urban underground space and introductions of national and reginal laws.On the basis of above-mentioned,this paper argue that the legislation of underground space rights should refer to the civil model and integrate contents of underground space rights.At last,the paper think the method of solving problems of underground space rights is to make the legal regulations,establish the system of transferring rights and improve the management of underground space.