Study On The Legal System Of Ownership And Circulation Of Civil Air Defense Parking Space In China

At present,under the surface of new civil buildings in cities,civil air defense projects must be built according to law,and civil air defense projects will be divided into a number of civil air defense parking spaces.At present,China’s law does not stipulate the ownership of civil air defense parking space.Civil air defense parking space belongs to private property in the civil law,and its national defense nature is close to public property,which leads to the ownership,use right,revenue right and other property rights ownership is not clear,and then causes the civil air defense parking space can not be registered,owners and developers to fight for revenue and other problems.In addition,there are many problems in the circulation of civil air defense parking spaces,which are mainly reflected in the following aspects:first,the effectiveness of the sales contract is not clear due to the ambiguous ownership of civil air defense parking spaces,in addition,in order to avoid risks,the people make up nameless contracts such as the transfer contract of the right to use civil air defense parking spaces,which aggravate the judicial burden;Second,"the Civil Code" article two hundred and seventy-six the provisions of the "areas planned for parking should be given priority to owners",civil air defense parking whether belong to the "plan for parking spaces" is not clear,if developers sell air-defense parking lots of to the general public,it is uncertain whether the owner can protect himself under the above terms.Third,the transfer of the civil defense parking lot to the public who lack management experience will result in the transformation and destruction of the civil defense parking lot.In addition,the civil defense parking space lacks special maintenance funds and wartime requisition system,which makes it difficult to realize the defense function of the defense parking space.In order to solve the above problems,this paper puts forward the following suggestions in terms of the ownership of real right:First of all,it is necessary to add a clause in the "Civil Air Defense Law" stating that the civil air defense projects belongs to the construction unit,at the same time,we must stipulate in the "National Defense Law"that one of the conditions for the identification of national defense assets is to be funded by the state,In addition,we have to stipulate in the Civil Code and various local regulations that the civil air defense parking space is a kind of underground structure.Second,it is necessary to strictly examine the construction land use right certificate of civil air defense projects,make special marks on the certificates and attached drawings,indicate the words "civil air defense",and make special registration for civil air defense parking spaces.At the same time,the competent civil air defense units to set up special maintenance funds,according to the air-defense parking proportion of the total value of the fixed pay maintenance fund.For the circulation problem,firstly,the validity of the contract for the sale of civil air defense parking spaces should be recognized.For the nameless contract such as the contract for the transfer of the right to use civil air defense parking spaces,it should be characterized as the sale contract and the validity of the similar contract already concluded should be recognized.Second,We should add a content to Article 276 of "The Civil Code",that is,the legal consequences of invalid contract clauses.At the same time,we should expand the subject of this clause to the actual investors and set a time limit ande a configuration ratio limit on the owner’s priority parking right.Third,competent departments of civil air defense shall delegate administrative authority to lower levels,and carry out joint law enforcement with organizations such as street offices and armed forces departments,strictly examine the peacetime use of civil air defense parking spaces,and maintain and manage them.The administrative department of civil air defense shall include in "The People’s Air Defense Law" a system of wartime requisition of civil air defense parking spaces.And the administrative department should incorporate the system of requisitioning civil air defense parking spaces in wartime into the People’s Air Defense Law,and stipulated in the supporting laws a compensation system and means of safeguarding rights,thus extending the subject of compensation to close relatives and the scope of compensation to indirect losses.