The Legal Construction Of Space Right

As a kind of rare resources, land has been taken full advantage of to fulfill the economic development of modern society. Space right, as an estate property right that came into being with the multiform use of land,has been established by legislation, jurisprudence and doctrine, which belong to most countries and districts. Comparatively, in our country, the research on theory of space right falls behind and the legislation is also in lack, which cannot fit the urgent demand of both space exploitation and space utilization in the country.In accordance with such a contrary, in this paper, beginning with the theory foundation of space right legal construction which has three respects: the general tendency of land multiform utilization and the following increase of dispute of space title in real life, which call and give impetus to space right legislation; the establishing of relative land ownership theory which is based on the theory of social interests has prepared the theory foundation ;in this paper, from the Social and Economics angle of view, the Economics meaning of space right construction has been expounded and proved, that is, improving efficiency of resource utilization, saving transaction cost and bringing about incentive value.Learning from foreign legislation experience about space right as well as taking our reality into account, we put forward our law pattern and try to resolve the difficult points on space right theory and the problems in practice. In this paper, the legal theory of space right breaks the traditional estate theory, which is adapted to the concept of possessing and utilizing land as a plane: the civil object of space right is space that lies out of the scope of surface right. For this reason, not only is space right different from property right of land, and different from traditional real right, such as surface right and easement, but also space right break and then develop both the doctrine of one thing one right and the doctrine of legal real right of traditional civil law. The civil nature of space right lies in that it is one of the real estate property rights.At present, researching and learning from law patterns of space right of foreign countries is the necessary access to our law construction of space right. In the circumstances of making our civil code, the civil law pattern can fulfill the urgent real need of legal regulation to space right. Consequently, the civil law pattern that agreed on by most learners . Moreover, the real problems that existed in law construction of space right are summarized and analyzed briefly, and in the paper, the corresponding resolve schemes are offered.