Research On Right Of Space And It's System Improvement

The right of space is a new type of civil property rights of synthesis which gradual formats during the socio-economic development. According to traditional concept of land law, land is form the sky to the earth's core. The upper and lower land space does not have independent economic value."Property Law"for the first time in the Legal System confirmed that on the land surface, on the ground, with benefits on the ground floor of the property can be set up, it shows that China has developed the right of space law system. At the same time, as China scholars'deepening research on the right of space theory and system of the continuous of the study, at the theoretical level also received a considerable achievement. However, at present day, there are still many deficiencies in the law system and in theory. The protection of the right of space still have long way to go. This article research on the right of space has studied the basic theory and legislative cases, and has made a serious discussion on the composition of space and the relevant provisions of the right of space, and then presents a way to perfect the system of China's right of space.This article has been divided in to five parts. The first part of it has analysis the origin of the right of space. As it is a right which developed though the development of the social economic, it's presented has deep reasons of historical and theory demands. The second part of the paper has discussed the basic theory of the right of space, and has defined the concept of the right of space. This part also analyzes that why the space have a clear sight to be the subject of a law right. In the third part of the article, I have analyzed the four major classification of the right of space to be. And then from the most basic classification of space ownership and the use of space, to explore the use of space which is more important in our nation. In the final part of the paper, this article has made a discussion on how to improve our space right system. Our country should as early as possible in the "Property Law" establish the right of space system, and confirm the ownership of the space for the country and the community; Define the spatial extent of the space in construction use right, and clear the contents of the space utilization, to establish the legal principle of the construction use right of the space. In the same time, the traditional registration publicity system should be altered, so that the protection of the right of space can be provided with the possibility of procedural.