Shanghai Municipal Underground Space Legislation Research

City undergroud space resourse,as city nature resourse, is of vital importance in economy,enviroment, defence for the construction and urban sustainable development. Shanghai as the country’s greatest economic and financial centre with an important historical mission, however, the space of land is limited seriously in the city of shanghai and it largely restrict the further development of shanghai. Therefore, fighting for the space unterground has very significant meaning to develop and use of underground space effectively, to promote the coordinated development both on and under ground and to relieve diverse contradictions of urban construction and development in shanghai to build up shanghai as a stereotyped and modernized city.Overseas experience shows that there will be the peak of underground space development when per capita GDP reached 3,000 U.S. dollars. According to 2009 statistics, Shanghai’s per capita GDP has more than 11,000 U.S. dollars, already have economic strength to develop large-scale of underground space. Underground space is non-renewable resources, once developed and used, it is difficult to tear down and re-construction. At present, the amount of underground space development are very large each year, it will cause irreparable damage if it is not a reasonable construction. Shanghai is the early city to develop and utilize underground space, but the underground space legislation is relatively lagging behind. Relevant provisions scattered in the laws and documents and did not form a complete legislative system of underground space development and utilization, leading to the development and utilization of underground space in the state is no legal basis, which is a far target of an international metropolis and the "four centers" in urban development obectives.The paper is based on the realities of shanghai underground space development and management, analyze the problems of the underground space development and utilization of management and legislation, propose the necessity and feasibility of Shanghai underground space legislation. The paper is using the advanced experiences of establishing laws of other developed countries and Taiwan area for reference, and also referring the successful practices of other domestic cities based on clarifying the legal basis of underground space development and management. Then the paper build concrete ideas of legislative system of underground space in Shanghai.