Research On The Ownership Of The Rights And Utilization Of Construction Civil Air Defense Projects

In China,the average ratio of urban cars to parking spaces is about 1:0.8,which is much lower than the developed countries,whose ratio is 1:1.3.More and more private cars makes people’s lives easier,but the limited land resources,the number of existing parking spaces can not meet the needs of car owners for parking spaces.Parking difficulties has become a problem that many big cities have to face.In order to solve the bottleneck problem of parking difficulties,many developers have converted the air-raid basements of civil buildings into parking spaces.The "2021Government Work Report" also pointed out that there will be a steady increase in bulk consumption such as cars、additional facilities and parking lots in 2021.It can be seen that under the active promotion of the "two sessions",the whole society is exploring solutions to the parking problem actively.This article takes the ownership and utilization of the rights of underground parking spaces(hereinafter referred to as "structured civil air defense parking spaces")combined with civil air defense projects that built by civil buildings as the research content.Starting from judicial practice,the relevant cases from 2016 to 2020 are carried out.Targeted screening,summarizing and analyzing the results of the judgment to grasp the opinions of the judgment.After searching a large number of cases and judgment documents,this article found that: in practice,some real estate development companies lease civil air defense parking spaces to the owners for use within the lease term;there are also cases whose developers sign sales and purchase contracts with the owners to dispose of the property rights of air defense parking spaces to the owners directly.Many property owners lacked relevant legal knowledge or did not understand the difference between civil air defense parking spaces and ordinary property rights parking spaces.So they signed contracts in a hurry.They were not told that air defense parking spaces were not allowed to be sold until they were unable to apply for property rights registration in the relevant departments.Therefore,dispute to the court.In this paper,a total of 75 judgment documents were selected for empirical analysis and displayed in the form of tables and pie charts.The empirical research using graph analysis is the highlight and innovation of this article.Through the statistical analysis of 75 sample cases,it can also reflect the determination of the ownership of civil air defense parking spaces in the trial practice community more intuitively,which is easy to read and understand.From the perspective of trial time,these samples include cases from 2016 to 2020,the time span is wide;from the geographical distribution,it includes 18 provinces and 2 municipalities directly under the central government,the space span is wide;in terms of trial level,it involves the first trial.There are 8 document samples and 66 final review documents,the review level covers a wide range of areas.Therefore,from the perspective of time,location,court level,and trial level,the sample cases selected in this article cover a wide range and comprehensiveness,which have a certain degree of typicality.Summarizing the judgment results of these 75 judgment documents,it can be found that in judicial practice,the courts have inconsistencies in determining the ownership of civil air defense parking spaces.There are four types of ownership that belong to the state,to the developer,to all the owners of the community,which do not respond to the ownership positively.This article is divided into six parts.The first part is the analysis of the concept of civil air defense projects and the construction of civil air defense parking spaces.The second part is the search and analysis of 75 judgment documents to raise the issue of the ownership of the construction of civil air defense projects.The third part is the research status of the construction-type civil air defense parking space.The fourth part is to introduce and analyze three typical academic views on the ownership of the civil air defense parking space,and put forward the viewpoints of this article.The fifth part is the use of the construction-type civil air defense projects,mainly reflected in the two levels of actual use and legal use.The sixth part is the perfect proposal for the ownership of structured civil air defense parking spaces.Through comprehensive research and analysis,the viewpoints of this article are derived.First,the structured civil air defense parking spaces are national defense assets and their ownership should belong to the state.At the same time,the Civil Air Defense Law and its supporting laws and regulations should be revised and improved as soon as possible.Secondly,according to the principle of “whoever invests,who benefits”,clearly it is stipulated that investors can obtain the normal using rights and profit rights of civil air defense projects in the form of legal construction.Establishing a corresponding registration system to register the right to use civil air defense parking spaces and issuing user warrants.Finally,on the basis of clarifying various rights,we try to further optimize the combined use of civil air defense projects in peacetime and war.When the air defense effectiveness of civil air defense projects is not affected,we can try our best to make full use of resources.