I. Who owns it
Single-built civil defense project investors are clearer, in the vast majority of cases, the main body of its investment is the state. Therefore, the state enjoys the ownership of this type of civil defense works. Junction of the ownership of human defense works is more difficult to identify, "People's Air Defense Law" Article 22 provides that: the city's new civil buildings, in accordance with the relevant provisions of the state to build the basement can be used for air defense in wartime. Therefore, the city's new civil buildings, must build civil defense projects. However, the law does not specify who owns such human defense works. According to Article 37 of the National Defense Law of the People's Republic of China, national defense assets belong to the State. And civil defense works also belong to the national defense assets, therefore, the construction of civil defense works should be owned by the state.
Two, who use
On the right of use of the people's air defense works, "people's air defense works in ordinary times to develop and utilize the management measures" Article 3, the people's air defense works in ordinary times to develop and utilize should adhere to the principle of paid use, use of the combination of management, in ordinary times by the investor to use and manage the proceeds of the investor all. Article 5 of the People's Air Defense Law stipulates that people's air defense works shall be used and managed by investors in normal times, and the proceeds shall belong to the investors. Article 51 of the Provisions on the Administration of People's Air Defense Project Construction stipulates that the funds required for air defense basement shall be financed by the construction unit. According to the above provisions, the area of the people's air defense project is by the construction unit (i.e., the developer) in accordance with the relevant provisions of the state investment in the construction, so the area of the construction of the people's air defense project should be used by the developer to manage and enjoy the proceeds.
There is a view that the small area of the construction of the human defense project investors should be all owners, because the small area of the construction of the construction of the human defense project by the developer to invest in the construction, but the developer has been included in the cost of development, and ultimately embodied in the price of the house, so the small area of the construction of the human defense project should be the actual investors of all owners. This view is questionable, in accordance with the "commercial property sales area calculation and apportionment of communal floor area rules," Article 9, the area of civil defense works are not included in the communal floor area. It can be seen, although the construction cost of civil defense projects have a certain impact on the price of housing, but the buyers did not directly include the purchase price of civil defense project construction costs. Therefore, the small area of the construction of human defense project investor should be the developer, not all owners.
In summary, we have come to the conclusion that the ownership of human defense works belong to the state, although the developer is an investor has no right to sell the national property as a human defense project, but as an investor has the right to use the management of the human defense basement according to the regulations and enjoy the proceeds.
Knowledge extension:
People's air defense project is "people's air defense project" short, it refers to the state in order to respond to the war, to improve the city's overall defense capability, to protect the people's lives and property needs, the construction of underground protective buildings and their equipment and facilities. Human air defense project includes the underground protective building built separately for the protection of personnel and material shelter, people's air defense command, medical rescue, etc., and the basement that can be used for air defense in wartime built in combination with the ground building. Therefore, the human defense project includes two types, one is the single construction of the human defense project, which refers to the protection of wartime personnel and material shelter, medical rescue, people's air defense command of the underground protection building built separately. The second is the junction of the construction of human defense works, it refers to the combination of ground civil construction of air defense basement.
References
People's air defense project:/item/%E4%BA%BA%E6%B0%91%E9%98%B2%E7%A9%BA%E5%B7%A5%E7%A8%8B/4524112