The Regulations Of Urban Underground Space Resource Utilization By Administrative Law

With the urbanization process expediting, the urban land is decreasing day by day. It makes people pay more attention to use of urban underground space. At the same time, the development of science and technology can just improve the development of underground space. But as a whole, underground space development and utilization lack of a national law. The local regulation is too rough, or cannot be unified. From the structural of underground space we can know, part of it is shallow underground space which is closely connected with the earth’s surface. The other part is the depth of the underground space which has few involved in developing. From the view of current law we can know, shallow underground space is still be the traditional real right object which belong to the earth’s surface. The right to use is classified on the land-use right for construction, as one of the traditional usufruct. But obviously, with the deep underground development ability improving, the depth of the underground space beyond the constraints of the earth’s surface, it could be a real right object independently. On this basis, we can learn the underground space legislation mode from Japan and Taiwan area, especially to learn the experience about depth underground development from Japan. At the same time, in view of the problem of underground space development in our country, we can not rest on the exploration from the nature of the underground space. We need to explore the legal system from the existing legal which is suitable for urban underground space development. Finally, in order to realize the legitimacy and the rationality of the urban underground space resource utilization, we should build a complete legal system including taking, use license, registration, management, and other special administrative matters.