A Study On The Land Space Rights

From Roman Law times to modern times, especially before the industrial revolution of 19th century, the land usage of mankind emphasizes generally the exterior of the earth's surface. Exercising of land ownership reaches the surface and the underground. However, up to today with the development of social industrialization, especially the advance of building and building technology, the successive appearance of land three-dimensional usage such as high building, overhead railway, underground railway, air corridor, underground market, the wire of high voltage and last sewer etc., at the same time, many problems produced by the ownership and the usage of land space also have been put forward. The principle of traditionally absolute ownership undoubtedly cannot solve this kind of new important social problem efficiently. Therefore since the latter half of 19th century, a lot of developed countries, in the ceremony of civil law, or via establishing special law or judicial legal precedent, or through establishing other related laws have established legal system concerned with the ownership and the usage of the surface and the underground of the earth's surface. However reviewing our country, there is no legislation correspondingly for reference or forming the rule of legal precedent, even the research of academic theory also begins.In view of this, especially according to the abroad legislation, theory and legal precedent, we make an research for the important legal questions such as the generation and the usage of the jurisprudence of air space right and the like, with a view to offering some references of resolving our nation's related questions in respect of legislation, judicature and legal practice. This paper is divided into three parts, including introduction, body and conclusion, now stating as follows:Introduction: this part draws forth the generation of space right and its objectiveelements, then points out the present situation of space right system and the existing problem in our country, and finally points out the writing intention of this paper.The body is again divided into some parts below:The first part: the basis of producing space right. The production of space right has its corresponding realistic and theoretical foundation. The development and the demand of land exploitation and land usage makes the production of space right possess realistic needs, promote the change of land ownership ideas then, and establish theoretical foundation for the production of space right.Second part: the contents, the nature and the classification of space right. Reviewing foreign various theories, legal precedent and legislative example, space right is composed by space ownership and space usage right by and large. Thereunto, space usage right again is constituted by the space use right of ownership nature and the space use right of the nature of creditor's rights ; however concerning the nature of space right continental scholars of our country still have greater disputes on whether it is a kind of single right of the beneficial use. According to the author, space right is not a single right of the beneficial use, but the abstract outline of various types of space right, and as for its specific nature, is ascertained by the different purpose decided. For accurately defining land space right, assuring the correct exercise with efficient function of the right, this part also introduces the various classification of land space right.The third part: the legislative practice of space right. For meeting and ensuring theneeds of land three-dimensional usage development, and solving many legal problem derivative from this, on the basis of carrying out extensive, deeply theoretical research for space right system, some countries and regions especially western developed country in policy and legislation regulate correspondingly the exploitation and the usage of space and the definition of property right. This part discusses respectively thelegislative condition of space right in the count...