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The Study of Legal Issues of Utilization of Urban Underground Space in China

Author: YuanChang（Yuan Chang）
Tutor: YinFei
School: Central University of Finance
Course: Legal
Keywords: The Right to Use Land for Construction in Underground Space Ownership of The Underground Space Projects EasementLease Borrow
CLC: D923.2
Type: Master's thesis
Year: 2012
Downloads: 357
Quote: 0
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Abstract


In modern times, Urbanization leads to the utilization of urban undergroundspace. Legal changes because of the utilization. But in China, the legal of theutilization of space is backward. The type of the utilization is not clear. There aremany issues in the process of the utilization of urban underground space. We need toimprove the related laws.Germany, Japan, the United Kingdom and the United States have legislation onthe utilization of space. I referenced the legislative experience. Many jurist of Chinaput forward their views. In the process of writing this article, I also referenced theseviews."Property Law" is the basis of this article, I summarized the type the utilizationof urban underground space—utilization of urban underground space of propertynature and utilization of urban underground space of claims nature. Utilization ofurban underground space of property nature is divided into the right to use land forconstruction in underground space, ownership of the underground space projects andeasement. Utilization of urban underground space of claims nature is divided into thelease of underground space, the right to use land for construction in underground spaceleasing and the right to use land for construction in underground space borrowing.When we set up the right to use land for construction in underground space, its spatialextent has to be made. There is neither priority rights, nor effect between the tworight to use land for construction in underground space. The right to use land forconstruction in underground space can also be sold partly. The civil air defense projectsand underground garage could build in the underground space. But there are differentviews on the issue that who owns the civil air defense projects and undergroundgarage. I analyzed it in the paper. Easement can be set up in the right to use land forconstruction in underground space. Easement can solve the problem of constructingchannel, entrances and vents which between the underground space and the surface ofthe ground. In addition, we should to recognized public easement and peopleeasement.The right to use land for construction in underground space, ownership of theunderground space projects and easement need to be registered. This article discussed the registration of these rights.Utilization of urban underground space of claims nature is divided into the leaseof underground space, the right to use land for construction in underground space leasingand the right to use land for construction in underground space borrowing. The threeclaims all need established by contract..For legislation, on the one hand, we need to improve the central legislation in theaspect of the utilization of urban underground space. on the other hand, the localcould make laws in these issues.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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