Research On The Civil Law Adjustment Mode Of Pipeline Land Use

Plumbing,as an important infrastructure,relations of national energy security,the relevant laws and regulations based on pipeline safety and production safety considerations,the surrounding land use behavior of the pipeline may endanger the restrictions,such restrictions caused some damage to the interest of the holder of the real estate,which is the main reason for the disputes due to pipe land.Although in China’s Civil Code,"the right to use construction land can be established on the surface,above or underground of the land respectively." However,for the pipeline land,the land through which the pipeline passes is often owned by the collective,and the right to use the construction land is limited to state-owned land.Therefore,the right to use the construction land is not used as the right source of the pipeline land in the practice of land use.Although the Land Administration Law newly revised in 2019 stipulates the right to use collective commercial construction land,the use of this right still needs to be further refined by supporting laws,regulations and policies.According to the principle of legal real right,the establishment of real right needs to be carried out in accordance with the exact provisions of the law.How to integrate the pipeline land use into the current laws and regulations and explore a land use mode that can properly coordinate the interests of all parties is the primary problem in front of the pipeline construction in the absence of clear provisions in the law.In general,the project construction land by taxing or transfer means,but pipeline itself only through underground space use,the land by the former land owners and users can still continue to use,and relevant laws and regulations did not land use made of the pipes to be rules,therefore,pipeline land use rights obtained in practice a variety of forms,scholars for pipeline land set up also exist different points of view.This paper takes real cases of trial practice as samples,and analyzes and studies the problems reflected in the cases.The author believes that the main reason for the problems lies in the fact that in the process of pipeline construction,laws and regulations do not make clear the way and compensation of pipeline land acquisition,which leads to the failure to reach an agreement between the right holder and the right holder of the pipeline land acquisition by agreement.Path of this study is through the case analysis,draw lessons from international experience and academic public easement and prospective tax theory,from the current law and pipeline construction reality,on the basis of the compare different pipeline the right model,the author puts forward: in the process of pipeline to acquire land use rights,should be based on the scope of easement rights,land acquisition way clear pipe by means of negotiations,right content and compensation matters,and register in accordance with the law of the public,in order to realize the protection of pipeline facilities,form a good mechanism of land use.In short,even if no agreement can be reached through consultation,the relevant right holders shall be compensated in full in accordance with the law when the pipeline construction is carried out,so that the legitimate interests of the relevant right holders can be fully protected.This is also the due meaning of advancing the rule of law.