Improvement Of Registration Rules Of City Underground Space Usage Right

In recent years,the scale of usage of city underground space continues expanding,while corresponding legislation is seriously lacking,with legislation of underground space registration rules especially vacant.With the implementation of 2007 "Property Law of the People's Republic of China",it was demonstrated that the usage right of construction land can be layered,providing the legal base for the nature and registration of underground space usage right.But the rules of registration in "Property Law" was mostly principled general rule,and it did not mention registration rules of usage right of city underground space.The introduction of "Real Estate Registration Provisional Regulations" in 2015 ended multi-responsibility and cross-management of real estate registration.However,in the provisional regulations,few was mentioned about registration rules of city underground space usage right,which is greatly in need for activities of underground space registration.Considering this,this article discusses the improvement of registration rules of city underground space usage right,with the aim of providing beneficial suggestions for constructing registration rules of city underground space usage right.The article consists of 4 sections:The first section analyses the nature,contents and features of registration rules of city underground space usage right.First,from the perspective of real estate registration,the relationship of real estate registration rules with publicity and public trust principle is discussed,along with duality of "entity" and "procedure".Based on this,the dual nature of civil and administrative law of registration rules of city underground space usage right is demonstrated.Then the categories of registration rules of city underground space usage right are listed.At the end of the first section,the features of registration rules of city underground space usage right are emphasized,including the spacial scope of right of registration,registration method,the difference between registration cooperated underground construction and single underground construction,and registration of adjacency of underground spaces.The second section introduces the current state of legislation of registration rules of city underground space usage right in our country,including the national legislation and local legislation.In respective parts,the major legislations of registration rules of underground space are introduced in chronological order,and the advantage and disadvantage are summarized.The third section summarizes the main problems of the registration rules of city underground space usage right in our country.Lack of integrity of legislation of registration rules,obscurity of spacial scope of right,lack of calibration methods in registration rules,and historical issues are the main problems of corresponding legislations in our country,which are in urgent need of improvement and solution.The fourth section proposes suggestions for improving our registration rules of city underground space usage right.In this section,with the advanced experience from abroad and domestic reality,proposals.are made from the following perspectives:to establish integral legislation system for registration,to clearly define the spacial scope of right of registration,to establish calibration methods for underground space,and to solve historical issues of corresponding registrations.