Study On The Ownership Of Civil Air Defense Works In Residential Quarters

With the acceleration of China's modernization process,according to the relevant laws and policies,the number of dual-use civil air defense projects is increasing day by day.On the premise of guaranteeing the efficiency of wartime use,the state also encourages the construction of civil air defense works to be used in peacetime to serve the economic construction of society and the daily life of the people.As the law does not make clear the ownership of civil air defense works,followed by the owners in t he use of civil air defense works in the process of a series of disputes around the ownership.The cases of rights and interests disputes are increasing day by day,and the local judgments lacking legal basis are often full of subjectivity,which leads to the phenomenon of different judgments in the same case and seriously affects the authority of law and the stability of society.In this paper,"Civil Air Defense Construction Project" as the research object,the ownership of civil air defense construction project as the research content,the article is divided into five parts.The first part is the introduction,which introduces the research background,content and significance of this paper.The second part is the case analysis,in the form of a case to explain that because the law has not made clear provisions on the ownership of civil air defense projects,the local courts in the judgment because there is no uniform legal basis,which leads to the phenomenon of different judgments in the same case.The third part introduces the Legislation Status of civil air defense construction in our country from the aspects of National Law and Local Ordinance,and briefly introduces the relevant foreign legislation.By analyzing the existing laws and regulations and local regulations to find out the root of the contradiction,that is,the lack of superior law and the inconsistency of inferior law is the key to cause the dispute of Civil Air Defense Project Ownership.The fourth part introduces three viewpoints about the ownership of civil air defence works,that is,the theory of state ownership,the theory of developer ownership and the owner ownership.On the basis of the analysis of the three points of view,the author expresses his own views,that is,he tends to "the theory of developer ownership",and puts forward some of his own views and ideas.The fifth part is aimed at our country present stage legislation condition from consummates the legislation and the registration system two aspects to put forward own suggestion.