Research On Space Superficies

Urban construction,a new day a new look, the land resources limited, this force people to use the land resources from perpendicular use of land to tridimensional use of land.In Article 136 of the chinese Property Law , there're some rules about chinese space usufruct of construction land,but this rules is too unspecific to solve the problems emerging in practice.Researches on the related space utilization right is necessary.The dissertation based on the introduction of the space right generation andconcept, educe the concept of the space superficies,and further analyze the space superfices is not disobey the traditional civil law principle of one ownership on one res, instead the space suerficies is an effective way to solve the existing land use conflicts.The object of space superficies is space. The space superficies is not a single usufructuary right but a category of superficies.Through the introduction and comparative analysis of different countries and regions of relevant legislation,summarize every countries the legislative mode of space superficies,then discussed which adapt to the land system and the national conditions of China.The whole thesis is composed of the following five parts:Introduction:introduces reasons for the research under space superficies ,the research thinking,the study mentality untilized in the research.Chapter One: to introduction the elementary questions in the space superficies.First of all, from the start of space right ,including the background and the social conditions of space right bring out ,analysis the concept and the extension of the space right,analysis the dimension table of the space right,educe the concept of the space superficies.Then introduced the space superficies.The concept of space superficies,analysis the appellation origin of space superficies,and further analyze the space superfices is not disobey the traditional civil law principle of one ownership on one res.Final discusses the relationship between the space superficies and land ownership,what differences and connections between them.Chapter Two: using comparative analysis,introduction the space usage right and space superfices in United States, Germany, Japan, and Taiwan of China,lessons from other countries space superficies a better understanding of the relevant provisions of it.Chapter Three: the space superficies ontology. In this part main abut how to acquisition, registration, elimination of space superficies,the rights and obligations of the obligee of space superficies.Through these introductions and presentations we have a more profound understanding and knowledge of space superficies,which for construction the system provides a complete framework.Chapter Four: how to construct the legislation of space superficies in china.Firstly,the current status on the legislation of space superficies in china, and then comment on the current situation of china's legislation of space superficies. Analysis and construct the legislative mode of space superficies adapt the national conditions of china.Based on cover the shortage of Article 136 of the chinese Property Law,offer some advices to construction of the space superficies for unique system of china.