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物权法和人民防空法对结建人防工程的权属问题都没有规定,实践中出现三种不同的主张,即产权归国家,归开发商和归全体业主所有。目前产权不明的状态产生了各种纠纷。但是各地政府部门出台的文件也不一致,同类型的案件法院判决也不尽相同,更增加了产权归属问题的复杂性。本文认为应该尽快明确结建人防工程的产权归属国家,同时投资者在国家所有的土地地下空间可设立建设用地使用权,平时享有使用、管理及收益权。
Property law and people’s air defense law on the construction of civil air defense projects are not provided for the issue of ownership, there are three different views in practice, property rights owned by the country, owned by developers and owned by all owners. At present, the status of property rights have created a variety of disputes. However, the documents issued by local government departments are also inconsistent. The court decisions of the same type are also different, adding to the complexity of ownership of property rights. This paper argues that the property rights of civil air defense projects should be clearly established as soon as possible and at the same time, investors can set up the right to use construction land in the underground space of land owned by the state and enjoy the right to use, manage and profit at ordinary times.