Judicial Determination Of The Ownership Of Civil Air Defense Parking Spaces

"Civil air defense parking space" is a new type of parking space that has emerged in recent years,which is the product of the special combination of economic value and wartime air defense,but its ownership and use rights disputes have emerged one after another,which has attracted the attention of many scholars.In the case of Chengdu SJ Company v.LC Industry Committee et al.Property Rights Dispute,the plaintiff disputed the ownership of the investor and rights of the civil air defense parking space,which led to a discussion on the identity and ownership of the investor in the civil air defense parking space independently invested and built by the real estate developer.Regarding the identification of investors in civil air defense parking spaces,the act of a specific economic entity investing a sufficient amount of funds or monetary equivalents in kind to a specific scope in the future(foreseeably)in order to obtain a return or appreciation of funds is an investment behavior.China’s real estate investment projects implement a licensing system,and those who obtain corresponding permits are construction units.If the plaintiff obtains relevant permits and independently invests in the construction of a civil air defense parking space,it shall be deemed to be an investor.Regarding the rights and attributes of civil air defense parking spaces,China’s Civil Code stipulates that things include movable property and immovable property,which is tangible things that cannot be moved according to their physical properties or whose moving will seriously damage their economic value.Regarding the ownership of civil air defense parking spaces,they are not national defense assets,nor are they jointly owned by supporting public buildings and owners.According to the constituent elements of the lawful construction of a house in the acquisition of property rights that are not based on legal acts,the construction procedures are legal and meet the basic requirements of the building,and the plaintiff should be the owner of the civil air defense parking space.Regarding the protection of the rights of civil air defense parking spaces,it is recommended to introduce a law to clarify the ownership of civil air defense parking spaces,and improve relevant supporting laws and regulations;The Supreme People’s Court issues judicial interpretations,publishes guiding cases or meeting minutes,and so forth,to unify adjudication standards and reduce situations where different judgments are made in the same case.