The Research On The Registration System Of Urban Underground Space Utilization Right

With the advancing of urbanization and the rapid development of science and technology,promote the development and utilization of urban underground space.However,the construction of space legislation in our country is still not matching,only for legal recognition of the “Real Right Law” and the principle stipulation of the “Regulations on the management of urban underground space development and utilization”,the effectiveness and the function can't meet the needs of real development and construction.Under the guidance of the theory of real right,this paper puts forward the construction of urban underground space utilization right system.As a new type of property rights,space right includes the space ownership and space utilization,has the characteristics of independence,usufruct,exclusiveness and legality etc,and distinguishes from construction land use right.In our country,urban underground space can be obtained by three kinds of legal behavior,including the allocation,assigned and transfer.The registration of rights takes the principle of distinguishing the combination construction project from the single construction project.Based on the construction of urban underground space utilization right registration system,this paper further demonstrates the legal effect of registration of rights from the transfer,mortgage and lease.In order to further standardize the management,reflecting the underground space management is public law,this paper has also been put forward strict restrictions to the transfer of right,including the prohibition regulations and restrictive regulations.Finally,on the basis of theoretical analysis and empirical analysis,this paper is to establish the registration system of urban underground space in our country,and puts forward three levels of legislative ideas.The first level is a separate column of the real law,to make clear the legal status of the underground space utilization right.The second level is to formulate special laws,amend the existing relevant legal provisions,and make clear the specific content of the rights,including the responsibility.The third levels is to perfect the other technical specifications,so as to realize the synchronization of substantive law and procedural law.