Research On The Ownership Of Underground Civilian Parking Space In Urban Residential Quarters

With the improvement of people's economic living standards,private cars have become a common means of transportation in daily life.In urban residential quarters,there is more and more demand for parking spaces.Coupled with the rapid development of urbanization in China,urban land can use land.Increasingly,the use of underground civil air defense vehicles in the urban residential community underground civil air defense project has played an important role in relieving parking pressure.The underground residential vehicle parking spaces in urban residential quarters are developed by the developer in accordance with the national mandatory regulations.When constructing civil buildings,they are transformed into a place for parking vehicles by using the built civil air defense projects.This part of the underground civil air defense has an important role in the underground space utilization of the city.Underground man-made parking spaces can protect the personal and property safety of citizens in wartime,and can be used as a parking lot in peacetime to achieve a combination of social and economic benefits.Therefore,the state encourages and supports real estate developers to actively build underground civil air defense projects,not only giving certain preferential policies,but also establishing the principle of “who invests and who benefits”.Under this background,the use of underground civil air defense projects as parking spaces It is becoming more and more common in urban residential quarters.However,China's current legislation does not explicitly stipulate the ownership of underground civil air defense spaces in urban residential quarters.Because the underground anti-parking space is affected to some extent by the market economy,especially in the context of the serious problem of parking spaces in urban residential quarters today,the economic benefits of underground anti-parking spaces are highly concerned by all parties,thus causing real estate developers and The various cases in which the owners are the main subject of the dispute are constantly emerging.This article is divided into four parts.The first part is based on the case,and introduces the case of underground civil air defense vehicle parking disputes in recent years.According to the three different viewpoints of the current theoretical circles on the ownership of underground civil air defense parking spaces,three cases with completely different judgment results are listed.The diversity and complexity of class cases.The focus of the debate is summarized and summarized,which explains the main controversial focus of underground civil air defense disputes,the various forms of disputes,and the relationship between many contradictions in judicial practice and the lack of legislation on ownership.The second part first introduces the concept,characteristics and historical development of underground anti-parking spaces.On this basis,it also introduces the relevant legislation of underground anti-parking spaces.It is mainly divided into two levels: laws and regulations at the national level,departmental regulations,local regulations and government regulations,and sorts out many loopholes and gaps in the emergence of legislation.In the third part,the attribute analysis of underground anti-parking spaces is carried out firstly.From the perspectives of property rights,legal attributes,ownership and usual use rights,the intrinsic nature of underground anti-parking spaces is deeply understood.It also introduces three viewpoints,including the most representative countries,all the developers,and the owners.And to analyze these three theoretical viewpoints,I believe that each viewpoint has sufficient theoretical support,but it is not perfect enough,especially the "state-owned" and "owner-owned" are not fully convincing,so The author tends to "all the developers say" and gives his own reasons.The fourth part,according to the current common dispute mode of underground civil air defense parking disputes,combined with the legislative status quo and related theories of ownership ownership,proposes relevant legislative proposals for the confirmation of the ownership of civil air parking spaces,that is,in the legislation,the right to ownership from the ownership of peacetime Limiting the two aspects,not only solves the problem of ownership ownership from the system level,but also gives the author's own suggestions on a series of practical issues such as normal use,management and maintenance,and wartime recovery.