The Research On Underground Space Right Of Our Country Legal System

With an increasing scale of development and utilization of underground space, the legal system of underground space right is requested more on how to properly use and protect underground space. By analyzing underground space right system and the existing problems in development and utilization of underground space, this thesis puts forward some ideas on how to further perfect China’s underground space right system according to this country’s relevant legislative and theoretical status. It also bases on fully draw lessons from foreign system. There are three parts in this thesis:The first part is about the overview and basic theory of underground space right. To define it clearly, underground space right is an exclusive real property right that the civil subject can possess, utilize, earn profit and dispose a certain range of space below the land surface in accordance with the law or the contract. It should contain the right of ownership and use of underground space. It has some characteristics such as independent existence possibilities of the object of right, requisition of right acquisition, definiteness of the period of continued existence, restriction right exercise and so on. By analyzing three different kinds of theories about the legal properties of underground space right, this thesis aims at defining the reasonability of "comprehensive right theory". Then it states the legal relationships among the subject, the object and the content of underground space.The second part is about the legislative status and existing problems of our underground space right system. It explains the legislative status by three aspects—regulations on legislative mode of system, establishment and circulation of the right, development and utilization plan and management. Meanwhile, several deficiency of underground space right system are proposed as follows:1the legislative mode lacks scientific;2.the acquisition and circulation system are not perfect;3.domination range is not clear;4. the development and utilization system is not sound.The third part is about legislation suggestions to perfect our underground space right system. Firstly, in terms of China’s legislative mode construction of underground space right, this thesis holds the idea that we should implement specific legislative mode construction on the basis of reference of Japan and Taiwan and integrate the experience with China’s practice. Next, to perfect acquisition and registration system of underground space right, attribution of right and acquire way should be specified. The rules of registration should be established according to the perfection of method, range and validity of registration. Finally, to perfect development and utilization management and plan systems of underground space right, improvements should be made with four aspects:define management institutions, build planning mechanism, balance development and utilization with limitation, reasonably govern adjacent relation when develop and use underground space.