Study On Ownership Of Underground Civil Air Defense Parking Space In Commercial Housing

According to the spirit of Article 5 and Article 22 of the civil air defense law,many local governments often take the construction of civil air defense projects as mandatory requirements when they make planning permission for commercial housing;according to the principle of "peace and war combination",developers usually transform civil air defense projects into underground parking spaces to solve the problem of "parking difficulty" for owners.However,for the ownership of the underground civil air defense parking spaces of commercial houses,due to the public and private nature’s combination of the national defense interest and the underground parking spaces,the central legislation is absent and the local legislation is not completely consistent,resulting in owners and developers often having disputes with the ownership of civil air defense parking spaces.These disputes have resulted in different judgments in the same case in judicial judgments,and divergent academic opinions in academic discussions.This is not conducive to the unification of the legal system and detrimental to judicial justice.In order to solve the problem of the ownership of underground civil air defense parking spaces in residential areas of commercial buildings,this article starts from sorting out the relevant research results at home and abroad,based on China’s judicial practice,and divides it into three different types of tenure situations.Comment and analysis,it is found that the current mainstream view does not consider the existence of market transactions,ignores dynamic analysis,and further advocates that the ownership should be defined in combination with different stages of underground civil air defense parking spaces circulation.That is: the initial ownership belongs to the developer;in the second stage of the circulation,the ownership should be comprehensively judged according to whether the developer has shared the construction cost of the underground civil air defense parking space in the owner’s purchase money and whether the ownership of the underground civil air defense parking space has been transferred as agreed in the contract.