The Right Of Urban Underground Space

The early development and activities of human civilization mainly conducted on the surface of the land. This pattern can meet the need of almost all human production and life. By science and technology, it has brought tremendous social change, making the dream of dimensional development of urban land become true. Coupled with the process of urbanization and the increasing demand for the use of resources, people increasingly turn their attention to the underground. Smaller underground activities before the Industrial Revolution, however, in the form of extensive use of a single, and did not therefore bring significant problem, so it do not be too much concerned about the onset until the steam engine revolution comes.Technological innovation and promotion of civilization prompts the accelerating process of urbanization. With the resources to develop these two contradictory struggle and intensify, people have been looking for a balance between human beings and land resources underground. Naturally, people put a large area of the city underground space in use as traffic, commercial, energy, warehousing and other activities to take advantage. Subway tracks, underground shopping malls, underground passages, underground parking, and air defense projects in the urban underground can be viewed everywhere. So far, the development and utilization of urban underground space diversity really brought enormous economic value to human being, and the diversified use of urban space and to some extent alleviated many contradictions. However, the utilization of urban underground space continues to strengthen gradually many such as political, legal, and social issues.From a legal prospective, the prototype of the underground space right initially appeared in the United States, and later gradually developed in some capitalist countries such as Germany, Japan. Whilst our legislation is relatively lagging behind, the first appear of that was merely in State Land Management in 1995Bureau issued "Several Regulations To Confirm Land ownership And Use". However, the most controversial "Property Law "adopted and promulgated in recent years in2007, is the establishment of this idea and it can be seen at clause136of the Act, which is the construction land use right. Some scholars believe that the best proof of this is the recognition of the right of the underground space in China’s legislative, and more conservative scholars prefer to think that this is just the delimitation of the scope of the construction land use right, not directly in order to the presumption of legal recognition of the right to the underground space. But this dispute is often not the key to the problem is easy to see, on the one hand, China’s current legislation on the underground space right indeed is lack of establishment and protection from the legal system; while on the other hand, the rights and obligations of the underground space the relationship is not clear, hindering the urban underground space development to take advantage of further development.This article will try to demonstrate the right of urban underground space concept, the rights of the nature and scope of the right to certain theoretical explanations to clear urban underground space ownership defined and conflict adjustment applicable law; In addition, the registration of the right of urban underground space rules implemented in the blank of our legislative, The writer hope that based on the existing property rights protection legislation which is similar to the rules for registration reference for the establishment of the right of urban underground space, the creation of a new registration rules may change the mode, realize the actual operation and effective protection and utilization. The Application of laws and adjustment will also explore the conflict of rights, rights of urban underground space eradication and elimination of the legal consequences, presented the basis for the request of the damages and compensation, and to make some suggestions for the urban underground space legislation in China.