Chen Liping: The development and utilization of urban underground space urgently need to be legislative

The development and utilization of urban underground space is an important part of urban construction and development. In recent years, with the rapid advancement of my country's urban construction, a large number of underground street channels, underground streets and subways, underground shopping malls, underground parking lots, underground warehouses, and civil air defense engineering have changed, which has changed the traditional land use form and realized the plane of the land from the land of the land. The huge transformation of three -dimensional use. However, my country's legislation on the development and utilization of underground space resources is still in the exploration stage, which is not conducive to the implementation of the urban development strategy, and it is not conducive to promoting the reasonable development and utilization of urban underground space resources. Therefore The law regulates related issues.

1. Lack of underground space regulations. Underground space ownership registration involves property rights, building distinction ownership, and consistent principles of real estate. In 2001 It has not involved problems such as the scope of the ownership of underground space, the acquisition of ownership and the registration of property rights, and it is difficult to ensure the three -dimensional development of urban space. The registered register of underground space ownership of underground space has only been made in principle, and the rule of law system of urban underground space is not yet perfect.

2. The relationship between underground space ownership is blurred. At present, the property rights of urban underground buildings are unclear and the main body is unclear. For example, developers have allowed the deeper development of the land to be deeper and how to confirm the ownership of underground buildings. It is also impossible to show their rights by registration, which makes investors think that their rights and interests lack corresponding legal protection, which affects the enthusiasm of the public development and purchase of underground space, and hinders the process of underground space development and utilization.

3. The management of underground space is difficult. Urban underground space management involves multiple departments such as natural resources (planning), private defense, construction, transportation, and emergency. Because there is no system of systematic underground space development and utilization legal system, it has caused the problem of lack of underground space management or lack of management to a certain extent. Essence At the same time, the development and utilization of underground space also faces problems and challenges such as insufficient forward -looking and lack of systemicity. The system design and technical standards in the aspects of state -owned land transfer fund collection, plot ratio calculation, non -motion production and mapping, and property ownership must be further improved.

4. Insufficient exploration of underground space legislation. At present, some provinces and cities across the country have conducted useful explorations in the development and registration management legislation of underground space, forming a more feasible working model. However, from the national perspective, the foundation and conditions of the development and utilization and registration management of all provinces and cities have different foundations and conditions, especially in the early underground space, there are still disputes between ownership. In interest, the relevant departments lack legal basis when dealing with disputes.

Suggestions for this:

1. Formulate and introduce a legal system as soon as possible. Underground space development and utilization must be carried out in accordance with the law. It is recommended to promote the legislation of underground space development and utilization from the national level as soon as possible. On the basis of full research, draw on the legislative experience of advanced countries, provinces and cities, boldly carry out institutional innovation, standardize the development and utilization of underground space. Improve the underground space supervision system.

2. Clarify the underground space property rights system. It is recommended that the use of urban underground space and land use into the land and resources management system in an all -round way. For underground spaces such as public civil defense engineering, comprehensive pipe galleries, and urban infrastructure, it is recommended to transfer the land by grading; Operating underground spaces such as toll parking lots, it is recommended to use public bidding to transfer the land, incorporate the registered registered real estate, comprehensively promote confirmation registration, so that the development of underground space is on the track of legalization and standardization, and promoting the sustainable development of urban underground space. Comprehensive development.

3. Strengthen legislative technology support. Actively cooperate with the leading colleges and universities in China, introduce high -tech talents, establish underground space development and use appropriate evaluation indicators, formulate appropriate technical standards, and accelerate the development and utilization of urban space development and use. At the same time, increase technological development and utilization, build a public information platform for underground space development, improve the information sharing mechanism of urban underground space management information, promote information resource sharing and integration, and achieve more efficient development and utilization of urban underground space.

4. Improve the underground space management mechanism. Further rationalize departmental relations, establish a comprehensive and comprehensive system of urban underground space comprehensive management system, clarify and cooperate with the department, establish a streamlined administrative approval system, and avoid many problems such as multi -management, cross -operation or unmanned management in engineering practice. Promote the development of cities to more secure, more convenient, more comfortable, and better, so that the people have more sense of gain, happiness, and security.

(The author is a member of the Hunan Provincial Political Consultative Conference, the member of the Standing Committee of the Yongzhou CPPCC, the chairman of the Democratic Progressive Yongzhou Municipal Committee, and the deputy head of the People's Government of Lingling District)

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