Study On The Legal Issue Of The Right To Use The Civil Air Defense Garage

One fifth of the 21 st century has passed.China’s two centenary plans and comprehensive poverty alleviation work are also in full swing,and the national economy is still developing at a rapid pace.In the face of China’s growing comprehensive national strength after the reform and opening up,what can limit our progress is the limitation of resources.As one of the most important resources,land resources make us have a deeper demand for the use of underground space.As an important way of using underground space,civil air defense garage has been paid attention to by the society.The built civil air defense garage perfectly combines the indispensable parking function of the general public and the indispensable civil air defense function of the state,so it has been highly valued by the state.However,the current laws and regulations in poor China,it is difficult to see the provisions on the use right of the civil air defense garages.The problem of the right to use the air-defense garages should be clarified urgently.In case of relevant disputes and even legal appeals,different subjects of rights stand on their own positions to claim their rights.However,there is a lack of uniform and clear legal provisions on the application of laws.In this case,different cases and different experiences of judges will lead to different penalty results.Because of this,it is particularly urgent to explore the right to use the garages of civil air defense projects on the legal level.Based on the current situation of legislation and the use of civil air defense garages in China,this paper analyzes the connotation,nature,source,acquisition rules,general implementation methods and management regulations of the right to use civil air defense garages in China.Knot type defence garage access means that obligee enjoy junction type defence garage to possess,utilize,seek profits from and limited sanctions,from the Angle of law,"building type air-defense garage access of object of real right attribute,the original and the gain is knot type defence garage access by the two basic types.Based on the characteristics of "combination of peacetime and wartime" of combined civil air defense engineering,there are obvious differences between the use and management of combined civil air defense engineering garages and the use and management of common garages,and there are special regulations on the use and management of combined civil air defense engineering garages in the aspects of use,time,circulation,maintenance and supervision.In order to improve the use and management of integrated civil air defense garages,this paper puts forward the tentative idea of constructing integrated civil air defense garages usufructuary right legal system,and probes into the necessity and specific path of constructing integrated civil air defense garages usufructuary right legal system.