Research On The Legislation Of Underground Space Development

With the smooth progress of the 13th five year plan,China has further accelerated the process of urbanization.The accompanying question is that the demand for urban land has increased,and the efficient use of land resources has become an urgent issue."City city city management should be as fine as embroidery" is the key point of city management proposed by General Secretary Xi Jinping.The development and utilization of city underground space plays a key role in improving the efficiency of urban land use,expanding the urban space accommodation and alleviating traffic pressure.Starting from the current situation of underground space development in China and the legal basis of the current underground space development,this paper analyzes the characteristics of the legal system of underground space development,starting from the national level and the local level respectively.On this basis,it analyzes in detail the problems existing in the standardization of underground space development,respectively,from the formulation of high-level legal norms to the clarification of the relevant legislation of underground space development Factors,standardizing the registration system of underground space ownership,unifying and improving the management mode,establishing and improving the incentive policies of underground space are analyzed and considered.The relevant elements in the legislation of underground space development are defined from the development scope,the upper limit of development layers,the classification of development functions,etc.,and analyzed by comparison and enumeration.In view of the problem that the legal rank of the relevant legal norms of the underground space is not high,we should first formulate the high-level legal norms to avoid the lack of basis due to the long period of the formulation of the legal norms;in view of the problem that there is no concept of the right of underground space in China temporarily,we suggest that the right of underground space should be independent of the existing legal norms of the common law system and the continental law system Chapter;aiming at the ownership registration system ofunderground space,starting from the registration and elimination of underground space;aiming at the problem of imperfect information disclosure system of underground space,it is suggested to improve the information disclosure system of underground space development,promote the "underground space intelligent platform" currently used in individual cities nationwide,and improve the information disclosure of underground space development nationwide System.