On The Ownership Of Civil Air Defense Parking Space

In the 21 st century,as the century of great development of underground space,with the development of China’s economy and the improvement of urban development level,the development and utilization of underground space presents an unprecedented development trend.In addition,with the increase of private car ownership in China,underground parking resources are becoming increasingly scarce,which has led to a large number of disputes.Among the parking space disputes,the most prominent is the dispute over the ownership of the parking space reconstructed by the civil air defense project.Although the construction of civil air defense parking spaces in China has played a positive role in the construction of civil air defense projects,it faces the problem of unclear ownership in daily use.Legally,in order to ensure the rational use of civil air defense parking spaces,China’s current civil air defense law,national defense law and civil code have elaborated on civil air defense parking spaces,but they have not made clear provisions on the ownership of civil air defense parking spaces.In practice,the use of civil air defense parking spaces is also very complex.As a popular parking space type that has attracted the attention of social subjects at present,it is unable to directly know the ownership of rights from the law,which leads to different views on such disputes in theoretical circles and judicial practice.In practice,the phenomenon of "different judgments in the same case" often occurs,and civil air defense parking space disputes are becoming increasingly complex.Therefore,this paper will focus on searching the ownership of civil air defense parking spaces,clarify the links and differences between civil air defense parking spaces and related real estate property rights,and solve problems from the source to give full play to the role of civil air defense parking spaces.This paper mainly uses the methods of literature research,comparative analysis,case analysis and normative analysis.Firstly,it combs the general theories and attributes of civil air defense parking spaces,and analyzes the provisions on the ownership of civil air defense parking spaces in China’s current legislation.Then it analyzes the specific cases of civil air defense parking space disputes in judicial practice,and then combs the institutional arrangements of the ownership of civil air defense parking spaces by scholars in the theoretical circle,and analyzes the "theory of state ownership" existing at the current theoretical level The three different viewpoints of "developers’ ownership" and "owners’ common ownership" are analyzed one by one.Secondly,it is found that the confusion of the ownership of civil air defense parking spaces in the above three different levels is mainly affected by three factors: the nature of civil air defense parking spaces,investment subjects and land ownership.Then,it analyzes and demonstrates whether the civil air defense parking space belongs to national defense assets and whether the country can be recognized as the investor of civil air defense parking space.In the process of solving the problem,it focuses on the research on land ownership,analyzes whether the part of underground space occupied by civil air defense parking spaces is included in the land scope obtained by the use right of surface construction land in connection with the layered design concept of the use right of construction land,and systematically discusses the underground space development and planning system formulated by various regions in combination with the actual situation of various regions.Finally,according to the above research,explore the path that civil air defense parking spaces belong to the state,put forward opinions on the improvement of the current legislation,and call for a clear legal ownership of civil air defense parking spaces belong to the state;According to the principle of distinguishing property rights,the right to use the civil air defense parking space of the construction unit shall be clarified,and supporting legislative documents shall be formulated to ensure the benefit right of the construction unit to the civil air defense parking space;Optimize the tax policy and supervision system for the circulation of the right to use civil air defense parking spaces,form a policy orientation,and then improve the economic benefits of the daily use of civil air defense parking spaces.