Research On The Real Right Characters Of Civilian Air Raid Shelter

Civilian air raid shelters are underground constructions, which is for air defensein the war and refuge of disasters. Following with expanding process of urbanization,the value of civilian air raid shelter increases radically when there are less landsavailable for urban constructions. Because of character of its publicity, civilian air raidshelters are still mostly restrained by administrative laws. Tenure is taken apart fromproprietorship, and its private owners would not be protected properly, which hasdecreased the use value of civilian air raid shelter.In the beginning of this thesis, I quote two recent relevant cases to explainimportance of real right characters of civilian air raid shelter, in the method ofcombination of cases analysis and theory studies. To explicit the issues onproprietorship and tenure on usual time, I analyze the cases deeply and conclude thecourt focuses on the sues of civilian air raid shelter, putting more emphasis on theembarrassing legal situation, in which public laws are strong while private laws areweak.By contrasting concepts the public goods, publicly-owned and public use, wecould conclude the true meaning of economic value in civilian air raid shelter. Whilethey are open to the public during the war as facilities for public interest, but not all ofthem should be owned by the government. I reject the main-stream view of publicownership and hold the opinion of private. The government should not get ownership of air raid shelter if it have not paid for it fairly, so we must clarify these livingshelters in varieties subjects concluding the government, property developers and realestate owners. The necessities and practical significances are mentioned in this paperto take air raid shelters into the field of property law.The property developers and realestate owners should be treated differently in the administrative laws and property lawbecause they don’t have similar rights on shelters. So different subjects havedifferent rights contains and legal consequences.The basic method of classificationwould be concluded as the combination of founder’s obligations and motives. In thebio-legal rights construction mentioned above, proprietorship would be discussed onits object, content and administrative restrains in classification of subject.On the basis of civilian air raid shelter gifted with more real right characters, Ihighlight and reexplain the concept of tenure on usual time, considering it as lowerhierarchy concept of proprietorship, which contains tenure and usufructuary right.Based on the assumption of bio-legal administration system, I talk about differentconnotation and restrictions on both public and private tenure and usufructuary right.The performance of positive rights in proprietorship depends on theprotections-relieve approaches from its negative rights, which is provided by theinstitutional designs on rights for claim of real thing effect. In combination of casesand sues focuses mentioned in this thesis, I propose some regulation advices in civilactions to exercise rights for claim of real thing. To begin with two typical cases,some concepts of administrative laws and public management are cited in this paperto clarify the characters of estate of civilian air raid shelter, combining theories withexercises. I hope it would do some helps to the real practices.