Study On The Attribution And Content Of The Ownership Of Civil Air Defense Parking Space In Residential Area

The civil air defense parking space in residential area is transformed from the civil air defense project,which is different from the ordinary underground parking spaces due to its dual attributes of public and private goods and dual functions of normal parking and wartime air defense.With the continuous development and utilization of such parking spaces,a series of disputes have also arisen,which has aroused great concern from all walks of life.At present,the academic research on the civil air defense parking space in residential area mainly focuses on the attribution of ownership,and lacks due attention to the content and restrictions of ownership.Therefore,on the basis of discussing the attribution of ownership,this paper further discusses the content of the civil air defense parking space in residential area and the restrictions that should be subject to in the process of ordinary use,so as to well take into account the dual attributes of public and private goods.First of all,this paper analyzes the current legislation and implementation status of the attribution and content of ownership on the civil air defense parking space in residential area.By collecting typical cases in judicial practice,this paper analyzes the disputes arising in judicial judgments,and it reviews the current legislation in China and analyzes the legal causes of the above disputes which bases on the conjoint analysis through different viewpoints in the academic circle.Secondly,the basic reason of causing disputes is the unclearness of attribution of ownership on the civil air defense parking space in residential area,so this paper examines the idealistic attribution of its ownership.At present,there are different views on the attribution of ownership in the academic circle.This paper believes that it is more appropriate to identify the developer as the owner.There are four reasons as follows: first,the developer is a real investor,the state and community owners have not invested in those parking space;second,the civil air defense parking space in residential area is an important part of the national defense system,but it is not owned by the national defense assets;thirdly,the civil air defense parking space in residential area conforms to the constitutive elements of the exclusive part and does not belong to the owner's common part;fourth,the ownership belongs to the developer does not affect the wartime air defense function.In addition,compared with ordinary parking spaces,there is no difference in daily parking functions,and the content of its ownership includes four basic rights: possession,use,income and disposal.However,due to its special utility in wartime air defense,thus in order to balance public and private interests,this paper argues that on the basis of the clear attribution of ownership,shall make a further reasonable restrictions to the ownership which including: when the obligee uses it in peacetime,shall be based on "keep a good state of normal use" as the standard,and pay the corresponding maintenance and management responsibility;the real estate registration constitution shall review the corresponding notification clause of the transfer contract,and note the words of the civil air defense project on the registration book;the obligee shall bear the obligation to inform the nature of the civil air defense parking space when disposing of such parking spaces;in case of national war or emergency,the obligee shall comply with the unified allocation and use of civil air defense parking Spaces by the state.