The Research Of The Legal System Of Space Right

The conception of space right arose from the Industrial Revolution of 19th century. With the development of economic and science and technology, the utilization of land expanded from plane to tridimensional. The space began to possess the independent economical value. Some special space was no longer the consequent attachment of the earth's surface, but the substance with special value independent of the earth's surface. Many countries began to establish the space right system, such as America, Germany, Japan, Britain, and Switzerland.By way of researching on the appearance of space right and the course of it in lawmaking of other countries, this thesis analyses it theoretically and practically. The purpose of this thesis is to perfect the regulations of our country's space right measurement to the problem of increasingly lack of land resource and reasonable use of land resource.Firstly, the thesis introduce the conception, the reasons and the inscape of space right simply. There are true-life and theoretic reasons which give birth to space right. The character of it is the special property right of real eatate. Register is the necessary condition of it's existence. It is high meaning of advancing our economical growing and building harmonious society that we constitute space right in law.Secondly, the thesis discusses the main body and object of space right. Then, the thesis expounds the condition that the obligees who want to enjoy space right should possess. The establishment of the object of space right is the requirement to protect space right. In order to establish the range of the object of space right, it should definite the range of space of the earth.Thirdly, this thesis elaborates the content of space right. Space right divided into ownership of space and usufruct of space. Furthermore, usufruct of space can divide into space superficium, space servitude, space leasehold and the right of space load. Then, this thesis discusses these rights in detail.At last, the thesis analyses the law of our country about space right at present and bring forward some advice. The production capability of today has changed beyond recognition. With the rapid development of technology , more space will explore and utilize. The field of space right involved will larger and more. The efficiency of space exploiture and utilization will be more scientific and thining.