Air Space Right And Related Concepts

According to Traditional concept of land law, land is from the sky to the earth's core. Land owners have the rights of ground, underground and surface. The upper and lower land space does not have independent economic value .Thanks to scientific and technological progress, the use of space can become true. In Traditional land law theory, there are some shortcomings in the use of space. The development of productive forces is bound to promote the legal system of superstructure, so theory of air space right has come into being. In our country, many scholars have studied the theory of air space and also made considerable achievements in legislation, but at present there are still some deficiencies in theory and system, the protection of the air space righter need improve.In this paper, the author discusses the right theory of the origin and the evolution of the system of air space right. Air Space right as a new form has originated from of the traditional rights to land ownership, and it has been generated in a profound historical background, such as economic and theoretical needs. In the 19th century Industrial revolution has brought a wide range of land-use development, so the system air space right first established and has gradually developed in the West. In This paper, the author analyses the air space right of Germany , Japan, the United States, Taiwan and other regions , summed up the status quo of China's air space right system development and legislation , and discusses the significance of establishing air space right system . Theory of space to explore the concept of air space right must be defined when we study it. For the meaning of the air space right, the author first affirmed the "space" as the objective of air space right should be given own "object attribute"。Then, the author has summed up all kinds of definitions in educational circles, affirmed the concept of air space right. For independence of air space right, the author has approved the theory of YES, and analyzed it from three aspects of object, right carrier and content. In addition, the author has analyzed the content of air space right, also researched the acquisition and eradication of the air space right.For categories of air space right, The author has first explored five patterns of categories of air space right, then subdivided Right to use air-space from the angles of the most basic classification,real right and claims. In theory, air space right will be divided into the air space ownership and the right to use air space, which is the basic distinction. The author thinks it is very important to study Right to use air-space in China.The author has also compared the concept of air space right with other related ones, and drawn the outline of the scope and right characteristics of air space right through distinguishing between the air space right and the traditional Right to use air-space,Right to Use Construction land and Partitioned Ownership of Building Areas.Finally, the author discusses the property ways of air space right, and puts forward some suggestions in order to improve China's related law on the basis of using the experience of other countries for reference.