On The Right Of Space In China

"Property Law"for the first time in the Legislative Council on the land surface, on the ground, with benefits on the ground floor of the property was to be confirmed, it shows that China has the right to space law system. This article in the space of the right to study the basic theory and legislative cases, the right to space on the system of our country as well as the"law"of space-related provisions of the right to conduct serious discussions on how to further improve China's space system for the right to put forward the idea.This article is divided into five parts. The first part of the right to the basic theory of space, in this part of the academic analysis of the various definitions of the right space, this paper put forward on the right to the concept of space, and then analyzes the space of the right to have a clear legal right to the space features. The second part of the space for national legislation the right to study briefly. This part of the brief of the United States, France, Switzerland, Japan, China's Taiwan, Mainland China's space power system. The first part summarizes the current academic space on the right of the four categories, taking ownership of space, space on the ground, such as space easement right to the value of several main types have been studied, and China's space power system characteristics Discussed, come to my law Article 136 of the right space for the expression (space) construction land use rights follow the civil law is the right space on the ground practice of conclusions. The fourth part of our country's"law"related to the assessment system. China's view that"law"only to recognize the right to use land for construction of space not only can not cover the entire space of the right system, and the trial judge to make room for the right to dispute the case when faced with weight loss, the law difficult to use, interest can not be measured, such as multiple difficulties. Part V is the perfect space for our system of the right idea. China's space in the right system, the space to deal with that title to be confirmed, a clear right to use the land for construction of space, space to set up the right to use agricultural land and space easement; in the space of the existing construction land use rights system, should be defined as space construction The scope of the right to use land space, clear space for construction land use rights, construction land space to establish the legal right to use the principle of building space and the right to use the gold to sell, and to register, as well as changes in the space of land for construction purposes, such as the eradication of the right to provide. This article concludes that China's"law"only provides space for construction land use rights can not be covered by the right space system should be adopted by the Legislative Council to explain or Regulations for the Implementation of the right to space on the system of the existing space and land for construction of the right to use the system to conduct a comprehensive Perfection.