Study On The Ownership Attribution Of The Civil Air Defense Projects Combined With Ground Buildings

The constructive civil air defense project is an important form of developing an d utilizing underground space,but the ownership of it has not been clarified in the cu rrent law of our country.When disputes occur to the court,all the relevant stakeholde rs claim rights.In the absence of uniform legal provisions throughout the country,ju dges often try cases on the basis of personal understanding,which easily leads to diff erent judgments in the same case,which deepens the contradictions and disputes in t he construction of civil air defense projects.China’s property law,civil air defense la w and other related laws do not clearly define the ownership of civil air defense const ruction buildings,resulting in contradictions and disputes between government civil air defense departments,real estate developers,owners and other different ownership subjects.Based on China’s judicial practice,this paper analyses the focus of contradi ctions and disputes and the causes of the problems through specific cases,and design s reasonable solutions according to the current legislative situation in China,so as to provide a unified legal basis for resolving disputes over the ownership of civil air defense projects.This paper is divided into five parts.The first part is the introduction of the paper,including the purpose and significance of the study,the research summary at home and abroad,research methods,research difficulties and so on.The second part explains the meaning of the construction of civil air defense project,the concept of ownership of the construction of civil air defense project,and the relevant legal views on the definition of ownership of the construction of civil air defense project.The third part firstly compares the legislative status of ownership of civil air defense projects from domestic and foreign aspects.This paper expounds the Enlighte nment of legislation in China from the perspective of foreign legislation,and analyses the current situation of legislation concerning ownership of civil air defense projects in China.The fourth part,starting from the actual case of civil air defense project construc tion,the author discusses the identification of transfer contract object and ownership of civil air defense project construction,emphatically analyses the different legal basis of ownership determination of civil air defense project construction in courts all over China,and evaluates three representative viewpoints of ownership ownership of civil air defense project construction.The five part is the summary of the paper,which puts forward specific suggestio ns on improving the relevant laws and regulations of the ownership of civil air defens eprojects in China,including defining the management system of the use of civil air defense projects,ownership,ownership rights and functions,ownership registration system and maintenance fund guarantee system,etc.