On The Space Authority Of Earth

From the birth of Roman Law to industrial revolution, the land usage of mankind generally emphasizes the exterior of the earth's surface and exercising of land ownership reaches the surface and the underground。Except limited by laws, giving full ownership of land owners, Corpus Juris Civil,civil law countries in the Civil Code, such as "Japanese Civil Code" Article 207th , "the German Civil Code" Article 905th and so on are defined With the development of the 19th century industrial revolution , the urbanized advancement quickening caused the resource of earth's surface extreme scarcity. Another problem comes appropriate drainage, ventilation, lighting, travel which need a breakthroughs in laws that guide and regulate the three-dimensional land use. But in China, using space in law academics and practitioners are at the initial stage, the Property Law. However, in practice, the use of land space is already very common. Such as Beijing, underground space construction area has reached more than 30,000,000 square meters, Be equal to the size of Beijing urban area during the founding of the estimated future size of underground space to grow. However, the development and utilization of land in China mainly used in underground defense, area is narrow, form is single. In order to establish space Right, this article will be according our country's related basic theory, using historical analysis, comparative analysis, theory with practice to construct space system.This article is divided into four chapters, the chapter I discusses the historical background and theoretical background of space right and analyzes the relative concept and the characteristic of space power. The chapter II discusses the specific content of space power, and more detailed with land space rights to exercise; The chapter III briefly introduces land space rights legislation of typical countries and Taiwan, and gives a brief assessments, then further study of present legal situation of land space rights to lay a good foundation for the land space rights establishment. T the chapter IV discusses the necessity of land space law making, then proposes some basic principle to be observed and makes brief introduction of space law content to provide recommendations for future legislation.