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The Property Rights of Civil Air Defence Works Under Civil Buildings

Author: ZhangQinZuo
Tutor: ZhuangJianWei
School: East China University of Political Science
Course: Legal
Keywords: civil air defence works civil buildings property rights
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 106
Quote: 1
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Abstract

In 1997, the People’s Republic of China issued and implemented civil air defence law, which clearly stated that investors should construct civil air defence works under their newly-built civil buildings. Under the premise of ensuring its effectiveness at wartime, the law encourages the works to serve for economic developments and people’s livings during peacetime. Civil air defence works, especially those enormous works under the newly-built civil buildings those are closely connected to the public, acquire the same functions and values with common underground space at peacetimes. Therefore, within the current background, shortage of resources, increasingly more people pay attention to this problem. Because the existing law of civil air defence works doesn’t clarify the ownership, it leads to increasing disputes over the rights distribution day by day and unsettled administrative regulations. This article takes civil air defence works under civil buildings as the research object. It, on the basis of summarizing and analyzing the status quo of the works’ownership and existing theories about recognizing the ownership, as well as the uniqueness of civil air defence works, mainly calls for the legislation that set usufructuary rights over civil air defense works - the right to use the civil air defence works on a daily basis and recognize the returns belong to investors, while it keeps the works owned by the state. In particular, the legal demonstrations of the ownership and the usufruct and the analysis of the ownership and application of the civil air defence works within the building of condominium ownership could also provide practical basis for defining the rights of common underground parking lots.This paper is divided into four chapters: the first chapter briefly introduces the concepts and historical background of civil air defence and civil air defence works, and it also puts forward the significance of confirming its ownership. The second chapter goes through the status quo of the legislation affirming the ownership civil air defence works and possible problems it might comes to. Reviewing laws and regulations, administrative rules ands regulations, and normative documents at both state and local level, this paper comparatively analyzes the regulations for affirming the ownership of the civil air defence works, and then it comes to a conclusion that current regulations over the ownership of the works are far away form a clear and certain institutional arrangement, and the development and usage of the civil air defence works at peacetimes remain the primary stage, which means, basically, the ownership is still unclear and the management is still weak. Chapter 3 mainly introduces three typical opinions that defines the ownership of the civil defence works and analyze its validity from legal, economic, and technical perspective. Chapter 4 proposes a solution to the property rights and application of the civil air defence works, which is the problem this paper eventually deals with and also the purpose of writing this paper.

The Property Rights of Civil Air Defence Works Under Civil Buildings

Abstract

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