Research On The City Underground Space Registration

This paper mean to first point out the status of underground space registration and the failure to protect the relevant user because of the indistinct registration system, then make use of economical theory and real rights theory to demonstrated the necessity and feasibility of underground space legislation and registration, draw lessons of the relevant legislative experience of the domestic underground space rights and registration systems to establish a reasonable and efficient underground space ownership and registration systems. From that, we can regulate the use of underground space, protect the main interests of property rights and improve management efficiency.The main content of this study contains the following seven parts: In the first part, the paper clears the theme of the research, gives a brief introduction of the significance and foundation of the topic, the general research situation in home and abroad, the research target, method and technical line, as well as the possible innovation and the deficiency of the paper. The emphasis is point out that the development and utilization of the underground is the inevitable demand of the intensive and sustainable development of city. Against the domestic macro background, on which the market economic system is establishing and improving, the legal system is under transform, and the democracy is being enhancement, in order to use of underground space rationally, protect the legal advantage of the proprietor, and enhance the managerial efficiency, it is necessary to improve underground space property and management system under guidance of the property and registration law.The second part is the overview of underground space utilization and registration. The paper selectively analyses the problems of the state of legislation and the development and utilization of underground space. It shows that the legislative level is low, the content is monotonous and it has not formed a system of which contains the ownership system and registration system of underground space. This analysis also clearly shows that it is a key problem to resolve the underground space law systems institution.The third part mainly draw lessons from the underground space legislation from home and abroad. Underground space in China's mainland is still in its infancy and exploration stage, and the development and utilization of underground space in Taiwan and abroad such as the United States, Germany, Japan, Switzerland have accumulated rich experiences after the long-term exploration and development. So it is particularly important to study underground space system. This paper collects the underground space legislation and relevant registration systems, so as to gain a general idea of Enlightenment and improve our underground space legislation.The forth part makes theoretical preparations for the construction of underground space ownership and registration systems. The paper introduces the real rights theory, the cost-benefit theory, and due process theory. The real rights theory is employed to analyze the feasibility and principles of building rights from the aspects of basic principles of property rights and effectiveness of the changes, the cost-benefit theory is employed to analyze the necessity of the system building, and the due process theory explain the procedural issues of the construction of the registration system.Under the guidance of the property rights theory, the paper build the underground space rights structure. Firstly, some conceptions are analyzed, including underground ownership right, underground space utilization right, building ownership right and so on, and with the consideration of the difference between ground and underground space, the paper try to give a underground space rights structure. Further analysis are made to clarify the problems of different kind of underground usage that should be pay attention to, and in the form of case studies, take underground garage as an example, the paper analyzes the different nature of different property rights and registration of characteristics.On basis of the analysis before, the six part gives a specific registration system building. First the paper clears the direction and the principle of the registration of the underground space, clarifies the character and the goal of registration, put forward the conception of three dimensional registration, then analyzes the choice of registration institution, the content and the process of registration in detail.