The Study On The Using Of The Right To The Use Of Urban Underground Construction Land

With the urbanization process moves forward, the problem of shortage of land for the urban construction is prominent. In order to solve the contradiction of the rapid development and the scarcity of land, humans have to widen the land use pattern to a three-dimensional level. Therefor a variety of three-dimensional use of land buildings sprang up like mushrooms and urban development and utilization of underground space leads to an expansion. System of norms for the underground space, more emphasis on government regulation."Property Law" Section136has made the principled stipulation for the first time from the private power angle of view to the spatial system, established Layered construction land use rights, but this principled stipulation of this section can not adapt underground space development in practice. This article in the study of space use on the basis of relevant laws and regulations, based on the existing construction land use rights norms and the special three-dimensional underground, from the right acquisition, property changes, register the specific technology, to build underground construction land use right system.From macroscopic legislative patterns to solve practical problems what two ways to concrete the construction land system, in order to remain the integrity and balanced property legal system, protect the interests of the right holder.This article mainly around the following several aspects:First, the basic theory of the urban underground construction land use right. Including the source of the right, the connotation and nature. I consider that the right of using the urban underground construction land is developed on the basis of the theory of space power and land development rights, and separate of the construction land use right. Therefore, its nature should be a usufructuary right. I hope that by analyzing the related theories, can get to the root, clear underground nature of the urban construction land use right, as in the "Property Law" to establish its position foundation in theory.Second, the right elements of the right to the use of urban underground construction land. Urban underground construction land use rights should first be gotten by the ordinary civil subject from the state, then is the circulation in the ordinary civil subject. It’s object is the underground space that can be controlled and outside of the construction land use right’s object. Meanwhile, the exercise of the rights will also been restricted by other usufructuary and duration. These can help to determine the ownership of property and rights’conflict resolution.Therefore, this part is the focus and difficult.Third, the study on the comparative law about the legislation of urban underground construction land rights. I mainly chose several state in the two legal systems, through jurisprudence and legislation, summed up three legislative model and its characteristics, summarized the experience suited to China’s establishment of a corresponding legislative mode.Finally, the recommendations of improving China’s urban underground construction land use power system. The "Property Law"’s legislation about these rights should be systematic. Including the identification of the concept and writing chapters separately. Meanwhile, specific provisions should be considered the rules that rights’object, registration, flow, limitation, co-exist with other usufructuary right and the space adjacent. From a macro and micro point of view to improve the system of China’s urban underground construction land use rights. This section is the key point and innovation.