Legislative Research On Urban Underground Space In China

Underground space has become a new battlefield for urban construction.There are so many disputes over the ownership of underground parking spaces and basements now.Local people’s congresses and governments have introduced special norms for the development and utilization of underground space one after another.Supportive opinions and opposite opinions on the independent legislation on space rights are competing for nearly two decades.Influenced by urban construction and economic interests,supportive opinions become much more popular.Based on the theory of Hohfeld’s rights,recognizing space rights as a new type of usufructuary right will destroy the existing concept system of usufructuary rights.Space rights are already included in the usufructuary rights in China’s Property Law and acquire adequate protection,so there’s no need to create a new type of right in our law.The Japanese model may be the direction of China’s future legislative development.However,constructing an underground space rule system and resolving current disputes can be realised by interpreting the Property Law,the Land Administration Law,the Real Estate Management Law and so on.This thesis takes China’s underground space legislation theory and legislative practice as the research object and tries to explore the necessity of underground space legislation and the future direction of legislation.The full text can be divided into five parts:The first part is the introduction,which leads to the topic and research task of this thesis,including the introductions of the relevant theoretical research results.The second part is the clarification of the theoretical viewpoints,aiming at criticizing the independent theory of space rights through concept analysis and interest measurement.The third part returns to the legislation of underground space in China,refuting the question that China’s legal system can’t cope with the actual disputes.The fourth part sorts out the local legislation in China,revealing the causes of legislative problems and providing solutions for local normative self-evaluation and self-improvement.The fifth part expresses my concerns about the development and utilization of underground space.I hope that in the future of legislative and judicial activities,conservation and risk prevention of land and underground construction will be taken first,and the underground space will be developed and utilized scientifically.