Study On Attribution And Utilization Of Civil Air-defense Parking Space

The civil air defense parking space is different from the ordinary parking space.In nature,the civil air defense parking space is an integral part of the civil air defense project and one of the existing forms of the civil air defense project.Has the wartime defense function,the peacetime parking use function.Civil air defense parking space is a civil air defense project built in combination with ground buildings(that is,civil air defense project).With the continuous development and utilization of civil air defense parking spaces,the ownership of civil air defense parking spaces built by social investors and the nature of the right to use civil air defense parking spaces have become the focus of controversy in practice.In judicial practice,there is no unified and standardized guidance for judges to adjudicate cases,the same cases were heard in different regions,but different sentences were handed down,which affects the judicial credibility.This paper starts with the ownership and utilization of civil air defense parking space,clarifies that the civil air defense parking space is owned by the state,and the right to use the civil air defense parking space is obtained by the developer,and puts forward the feasible regulation way to the utilization and restriction of the civil air defense parking space.First of all,by analyzing the legislation and judicial status of civil air defense parking spaces,we can see that in judicial practice,because the civil code of our country does not specify the ownership of the real right of civil air defense parking spaces,the provisions of the Civil Air Defense Law are not specific,and the contents of local regulations are inconsistent,are different.Therefore,on the basis of legislative perfection,the local administrative regulations and other legal normative documents should be revised and abolished according to the content to provide unified guidance for the court in the trial.Secondly,this paper discusses the ownership of civil air defense parking space,and theoretically,the main theories of ownership of civil air defense parking space are "state ownership theory "," developer ownership theory "," owner common theory" more reasonable to analyze that the ownership of civil air defense parking space belongs to the state.Thirdly,to discuss the nature of the right to use civil air defense parking spaces,we should determine that the right to use civil air defense parking spaces is the usufruct right,and the investment units,that is,developers,enjoy the right to use civil air defense parking spaces invested in the construction of civil air defense parking spaces.The investment unit shall be approved by the relevant competent department of the state for the record,issue the right of use,and legally obtain the usufruct right.Therefore,we should clearly define the limits of the exercise of the right to ownership and use of civil air defense parking spaces in legislation,identify the right to use civil air defense projects as usufructuary rights,and make clear provisions on the right to use civil air defense projects in legislation.Finally,we put forward the regulation method to the use and restriction of civil air defense parking space,make clear that the right to use civil air defense parking space is a developer,make clear that the civil air defense parking space can be transferred between the corresponding subjects by means of transfer,transfer and lease,restrict the time limit of the right to use civil air defense parking space,the acquisition and punishment of the right to use civil air defense parking space,and improve the administrative supervision system and stipulate the situation of the state recovering civil air defense parking space in wartime.