Research On The Ownership Of Civil Air Defense Projects In The Community

In recent years,around the civil air defense project,especially ownership issues of civil air defense project combined with civil construction,theoretical disputes and substantive disputes continue.As a typical form of civil air defense project,the ownership of the building,the definition of the right to use and the maintenance and management issues have been the tipping point of the contradiction between the developers,the owners of the district and the air defense departments.Property Law and People's Air Defense Law in relevant issues on the lack of system is undoubtedly the main reason.The construction of the scientific system requires sufficient theoretical support.This paper focuses on the research on the ownership of the civil air defense project in the district,and focuses on the two issues of the ownership and the right to use of the civil air defense project.This article is divided into five parts in the content arrangement:The first part "issue of the problem",by citing the case of civil air defense disputes to reflect the focus of the disputes in practice,the reflection of problems on China's residential defense project ownership system,and summing up the legal theory about ownership of the civil air defense project to quo research questions.In the second part,the author puts forward the three theories of ownership of civil air defense project in the district,and then demonstrates the reasonability and legitimacy of the state ownership on the civil air defense project from the perspectives of national defense assets,public function and legal obligation.In the third part "state-ownership analysis of the civil air defense project in the district",the article does research on the state-ownership object,subject,nature and content of the civil air defense project in the district.In the fourth part,"the right of ordinary use of residential air defense projects",seven important issues of the right to use are analyzed,including ownership,nature,acquisition,content,duration,protection and eradication.In the fifth part,"to improve ownership system of the district civil air defense project by legislative measures",trying to design system from Property Law and People's Air Defense Law.Through the analysis of the main part of the argument,this paper concludes:residential defense project is owned by the state.Here the state-ownership is private ownership,including five basic functions:possession,use,income,punishment and management.The right to use of the district civil air defense is usufructuary right,and with the completion of the sale of commercial housing business,finally it is owned by the owners of the community together.The ordinary user can enjoy right of possession,use,income and a certain disposition,as well as must consciously fulfill legal obligations about maintenance and management of residential defense project.The duration of the right to use is 70 years,but it will be eliminated due to three legal reasons:the early recovery of the state,the loss of the civil air defense project and the abandonment of right.