The Right Conflict In The Process Of Underground Space Utilization And The Solution Path

With the development of urbanization,the shortage of land resources and the demand for urban development,the land use mode of human society has developed from flat utilization to three-dimensional utilization,and the development and utilization of underground space in China has also grown rapidly,and it has become a major country in the development and utilization of underground space in the world.The development and utilization of underground space has become an important means and way to solve urban traffic congestion,create a green and healthy city and build a resource-saving city.However,in the process of underground space utilization,there will be a large number of rights conflicts,for this reason China’s Civil Code stipulates that the right to use construction land can be established in layers,providing an institutional guarantee for the use of underground space of land,and laying a theoretical foundation for the research of underground space rights,but the Civil Code only stipulates that the right to use construction land can be established in layers,and there are no relevant provisions supporting it,nor does it formulate a corresponding rights conflict resolution mechanism.Trying to solve complex and specific problems in theory and practice by relying on only one principled provision will inevitably affect the efficient use of underground space.Based on the analysis of the theoretical problems existing in the current utilization of underground space,this paper proposes to improve the structure of underground space rights and the corresponding rights conflict resolution mechanism,so as to effectively solve the rights conflict of underground space and improve the utilization efficiency of underground space.In addition to the introduction,this article is divided into five parts.The first part is the types of space rights in the process of using underground space.Aiming at the rights involved in the use of underground space,the origin,concept and function of rights related to the conflict of rights in underground space are briefly introduced,so as to gain insight into their related functions,analyze rights conflicts and effectively protect the rights that have been set in order to regulate the development and operation of underground space.The second part is the main manifestation of the conflict of rights in underground space.This paper divides the rights conflicts in underground space into two types,rights establishment conflicts and rights exercise conflicts.Conflicts in the creation of rights,including conflicts between aboveground and underground rights,as well as conflicts in underground property rights;Conflicts over the exercise of rights include conflicts of interest damage and spatial adjacency.The third part is Causes of Conflicts of Rights in Underground Space.The reasons for the conflict of rights in underground space are analyzed,mainly in the following four aspects:first,the scope of use of underground space is not clear and the scope of the object of rights in underground space is not clear;Second,the current two tools,adjacent rights and easements,are difficult to adapt to three-dimensional land relations.Third,there are theoretical difficulties in solving the problem of spatial overlap,and there is a lack of effective legal resolution mechanisms;Fourth,there is a lack of scientific planning methods in the planning of underground space,and there is confusion in the management of underground space.The fourth part is Extraterritorial Investigation and Enlightenment of Underground Space Rights.This paper compares the legislative models of space rights in civil law and common law systems,and points out that the legislative experience of space rights in Germany and Chinese Taiwan can be used for reference,but considering the lack of existing research,it is not suitable to directly borrow the common law space right model or the civil law system to distinguish the above-ground right model,so it is necessary to adopt an underground space right system suitable for China according to China’s actual national conditions to realize the construction of underground space rights.The fifth part is Ways to Resolve Conflicts of Rights in Underground Space.According to the causes of underground space rights conflicts,provide a solution path for underground space rights conflicts.First of all,the state should clarify the scope of the available underground space,the deep underground space should be owned by the state and limited to the construction of public facilities,and use the three-dimensional real estate right definition method to clarify the object scope of the underground space right and determine its property ownership.Secondly,in coordinating the adjacent relationship of underground space,public easements and supporting interest easements should be set up to make up for the lack of three-dimensional land use in the current adjacent relationship system.Thirdly,the problem of space overlap establishment is theoretically explained,and there is no theoretical obstacle to the establishment of space overlap by establishing space easements,and when there is a conflict in the order of rights,the principles of “order regulation model based on consultation and agreement” and “public welfare priority” should be applied to solve it,and the infringer should be investigated for civil liability.Finally,improve the government’s management system for underground space,the use of underground space should follow the principle of planning first,and continuously improve the government’s management methods and enhance the government’s management level.