Study On Legal Ownership Of Underground Air Defense Space In Residential Quarters

With the rapid development of China's economy,people's living standard has risen,and the number of private cars has been increasing.According to data released by the National Bureau of Statistics,the number of private cars in 2017 has reached185,511,100.However,land resources are limited,and the existing parking spaces in many cities are difficult to meet the needs of car owners for parking.According to the latest statistics of the National Development and Reform Commission,2.84 vehicles on average compete for a parking space in Beijing.In Shenzhen,Guangdong,there are 2.92 vehicles in each parking space to compete.The most serious parking problem lies in Shanghai.Each parking space needs to be competed by 5.37 vehicles.It can be seen that parking difficulties have become an eminent problem.In order to solve the parking difficulties,many developers used the air defense basement of civil buildings as parking spaces.The developers not only rented the underground air defense basement to the owners,but many basements were also sold by developers.Those air defense basements are directly transferred to the owner or even a third person outside the community in the form of a sales contract.It is often difficult for the public to distinguish between ordinary parking spaces and civil air defense spaces.Many people often learn that they have purchased civil air defense spaces after they are refused at property registration.This has caused many contradictions.In recent years,litigation disputes have continued.However,China's current Property Law and Law on Air Defense and other related laws only provide basic legal provisions.There is no positive regulation on the ownership of air force basement.Some provinces have their own regulations that are too rough.Some provinces stipulate that air defense basements cannot be sold,and some provinces stipulate that people can have property rights registration for air defense basements,and the differences between different places are relatively large.The controversy over the ownership of the civil air defense parking spaces in residential communities has not yet reached a consensus.It has formed the theory of national ownership,developer ownership and owners' ownership.In the judicial adjudication,the judge'sdifferent understanding of the legal provisions led to a very different judgment result.The phenomenon of "different judgments in the same case" aggravated the confusion of judicial practice.Through introducing the three cases in which the judicial practice is similar but the results are so different,this paper draws the topic.That is,which one should own the ownership of civil air defense parking space in the community,the developer or all the owners? By analyzing the current situation and problems of the ownership of civil air defense parking space in the community,the author holds the view that all the views have their own advantages and disadvantages.The main reason why academic circles has no consensus is that there is no legal guidelines.At the country level,there is no explicit regulation on the ownership of civil air defense parking space in residential districts.And also,local legislation adopts documents and regulations to adjust different situations,the effects are open to question.Through researching and analyzing,the author believes that the ownership of civil air defense parking space in residential quarters should not be attributed to the state,it should be owned by investors(developers and owners can be called investors to a certain extent).However,the developer and the owner are not the same conception,so it is necessary to use a phased approach to make a reasonable division of ownership.Thus,the developer obtains the original ownership through investment in legal construction,but after the ownership of developer is bought out by the owner,the ownership is owned by all owners.Finally,the author put forward to a solution to the current problems of civil air defense parking space in community.In terms of legislation,the ownership of civil air defense parking space should be clarified in the Property Law.In the Civil Air Defense Law,the main body of maintenance and the source of funds should be uniformly defined.And then,the relevant contents of local laws and regulations should be refined.At the same time,the Civil Air Defense law should be revised and improved as soon as possible.And it is necessary to improve the registration system of the ownership of civil air defense parking space.In addition,it is also necessary to strengthen the implementation of the legislative content,the publicity and education of civil defense knowledge.And last,refining the distribution of supervision and responsibilities for the construction of civil air defense projects is also important.The underground civil air defense project of residential quarters in China has the characteristics of wide geographical distribution and numerous quantity,which can well divide its ownership,promote scientific,orderly use and development of civil airdefense projects,and promote the improvement of the quality of civil air defense resources.Subsequent stable development is conducive to maintaining social equity and justice and is conducive to the maintenance and supervision of civil air defense projects.This paper wants a broader and deeper discussion by the author's analysis.