On The Construction Of Urban Underground Space Registration System In China

As the public way of real estate real rights, registration is directly related to acquisition and enforcement of real estate real rights. There is no systematic research on city underground space registration system in our country, and the main research achievements are scattered in underground space management policy and real estate uniform registration system. In this paper, fundamental theory of underground space registration system is explained, meanwhile, current situation and existing problems of the system are analyzed, the necessity of registering underground space is stated as well. Combined with the typical countries and regions relevant experience on the establishment and registration system of the underground space rights, we will construct the city underground space registration system which matches China's national situation in order to regulate the development and utilization of city underground space, protect obligee's legitimate interest, maintain the market transaction order and improve management efficiency. This paper is divided into four parts, as follows:The first part is the introduction of city underground space registration system. Firstly, we know the concept of underground space through the analysis of the underground space's attribute. The meaning, classification and property of underground space is clearly defined based on researches by domestic scholars and China's laws regulation. Meanwhile, the concept, content, property and mode of underground space registration are introduced and the vital significance of underground space registration is stated as well.The second part is about the legislative status and problems of city underground space registration in our country. In China, there is no special legislation on city underground space registration. The national real estate registration laws only make general provisions for real estate registration, but for the registration of urban underground space there is no specific stipulation. Some developed areas have made relevant legislation but still can not meet the registration requirements of underground space. This situation also reflects many problems are existing in China's city underground space registration.The third part is about the legislative experience of typical countries and regions and its enlightenment to China. Around the world, countries and regions which emphasised on the development and utilization of underground space in earlier time, their legislation of the underground space are also more advanced. America, Japan, Germany and China's Taiwan region have developed and utilized underground space in earlier time. Their legislative experience on underground space rights and underground space registration provides a good reference for the establishment of China's city underground space registration system.The fourth part is the suggestion of constructing urban underground space registration system. To construct the city underground space registration system, we should base on China's national conditions and learn the legislative experience from typical countries and regions. We will establish an unified real property registration authority which shall be responsible for the registration of underground space. And we will unify the underground space registration form. China should make the urban underground space registration law to determine the scope of the urban underground space registration, clarify the ownership of city underground space and regulate the underground space registration procedures.