The Research Of Issues In Chinese Legislation Process Of Space Right

The human survival and development must depend on the land and space.In traditional agricultural society,the use of land is limited on plane.Ancient Rome,people consider the rights of land ownership "up to the sky,down to the center of the earth." In the Anglo-American common law systems,there is also a saying "ownership of land that people have a great way to the sky all the way".After industrialization,the conflict between population growth,rapid development of cities and scarcity of land resource that make land utilization changing from the flat to the three-dimensional vertical.Space utilization,in the development process of the socio-economic conditions and with the "objects " characteristics in property law,is resulting in a new right "the space right".The new right is different from the traditional land ownership and the distinction between ownership of the building.The absence of legislation to confirm the space right will inevitably cause confusion in logic. Since the second half of the 19th century,many developed countries have to make laws by the Code,or a special law or judicial precedents,as well as other related laws and formulate the form of formally established over the land surface and underground and the use of all of the legal system.And our country,to the 21st century,the space right at the initial stage before the Legislative Council.Before draft "People's Republic of China Property Law ",the domestic thesis is mainly to introduce the legal system of space right abroad and in the Taiwan region.after the start drafting,space right should be right as a new type of legislation has become a new point,scholars do many researches on different parts of the space right, such as the nature,the necessary for legislation,as well as the feasibility of constructing a series of legislation.That is forming a small boom of space right legislative research. However,the results of the current study is still shallow,every issue of the space right is no mainstream opinion."Property law" formally introduced,the only chapter in the twelfth 136th construction of land-use rights provides that:" The right to use construction land may be created separately on the surface of or above or under the land.The newly-established one may not injure the usufructuary right that has already been established."which provides that a declaration of our country the space right for the establishment of a system,in line with the development of science,technology and law,but the provision did not make any specific provisions,surface,ground or underground how to define the norms,established the right to use construction land registration,how to publicity,but also without any support system, leading to the right of ownership of space is not properly resolve the dispute."Theory of Qing Yuan is the" only clear space on the fundamental right to deconstruction,a clear need for space right to the legislative and operational,in order to solve the space problems the right legislation.This article is divided into three parts,about 30,000 words:Partâ… :an overview of space right.I start from the concept and characteristics,will be the space right of the space object is defined as a three-dimensional space in the vertical and horizontal division of the limited space.The relationship between land and space to experience the combined material from the process of independence.Explained the definition of space right,space refers to the right to land at the air or to one three-dimensional cross-section of the object set up for a real estate rights.The space right is a complex concept, which constitute a legal space can be divided into the right of ownership and space utilization. Spaces ownership can separate from the establishment of land ownership,the academic world this was highly controversial.The author believes that the ownership of space can exist separate from land ownership,though there is a natural with the land attachment,but does not prevent harm to leave the surface of the separate use of space,and the principle of one object does not run counter to the right one.The nature of space utilization of the space are the theoretical basis for the right system,but the nature of space utilization and no unified view of academia,the author analyzed and summarized in the opinion of the reasons the parties put forward their own conclusion:the right is a space utilization new,separate usufructuary property.Modern society,the space right as a hierarchical land use,the use of the results of three-dimensional space using the right and land use rights have emerged at the effectiveness of the scope,object,focus and premise of the existence of different and so should not be one. Practical considerations from the legislation,the space right and detailed definition of the scope of the object,confirming the scope of public space,and then on the space of private law in accordance with the different directions,divided into the space right on the ground,surface and underground space space right right.Partâ…¡:the space right for our country and the need for legislation feasibility study.The full text of this part are to be carried out on the cornerstone.A new right to have the right to independence only in the necessity and feasibility of the premise of legislation should it become the new legislation.The space right as a new property with benefits,and traditional land use rights,buildings and other traditional real estate ownership to distinguish between system has a certain degree of contact with the distinction,but existing laws can not be adjusted norms,there is a single independent the need for law.The space rightto build,can give people the right to the stability of space to ensure the safety of the use of space and space utilization of the order,to achieve efficient use of scarce resources;there is conducive to improve land use,land conservation,economic development and alleviate the shortage of land conflicts;achieve the orderly development of urban management.And the current use of space,there is no room for the right to about specific legislation,without unified planning, development,use of space and form a relationship between ownership and the building is not clear,and many other questions,need to complete legislation on the provisions made to address the legislative behind the practice.Finally,the argument the right to the space right to uncertainty,may trade,and examples of foreign countries the right to use the example of space,space utilization of the legislative norms explain the actual situation.Partâ…¢:the right of the legislative process of our space problems in the study.Spaces rights legislation,the most important questions are on the legislative model of current conditions suitable choice.The author of Britain,the United States,France,Germany,Japan and other countries,as well as areas of China Taiwan Spaces rights legislation a comparative analysis of models,combined with China's national conditions,assessment of our country in the "property law" raised in the legislative process of the different legislative models,should be made a separate section provides space for the idea of using the right system.Space utilization of our country to build the right system,the space may use in addition to the statutory right of access to outside,between the parties can also be made freely agreed;room for the use of the right to register at the choice of measurement units on quantifier,because our country did not describe the three-dimensional Spaces specific quantifier body,so I made bold to "empty" or "body" to express the limited after a fixed three-dimensional space;the right to register in the space utilization on the specific operation,to distinguish between the surface,above and below ground space for different different registration.Space use of the right to transfer,you can learn from real estate transfer of the relevant provisions of the space devoted to formulate the right to transfer the use of legal norms.The right to clear the space for people to use the rights and obligations,and land-use right to the development and utilization of space for people to carry out the provisions of the priority. In this paper,the basic principles of civil law as the guide,explained the space right and the connotation and extension of space to explore the academic theory of space right differences and make their own opinion;theory with Chinese and foreign examples of using the right space,the system demonstrated that the space defined by the right and operational necessity;comparative study of mining methods,from abroad and other parts of the theory is ripe for the space right for our country and specific legislation to build the model put forward the views of innovation.