Space Authority System

From Roman Law times to modern times, especially before the industrialrevolution in 19th century, the human usage of land generally emphasized theexterior of the earth's surface. The power of land ownership reaches the sky andthe deep underground. However, with the development of social industrialization,especially the advancement ofbuilding and construction technologies, emergedthe three-dimensional usages of land such as high buildings, overhead railways,underground railways, air corridor, underground shopping mall and high voltagewires etc. On the other hand, several problems occurred because of the ownershipand the usage of land space. The principle of traditional absolute ownershipundoubtedly cannot solve this series of new problems. Therefore since the secondhalf of 19th century, a lot of developed countries established space right legalsystem in their civil code, or via establishing special law or judicial legal precedent,or through establishing other related laws.After the establishment of the People's Republic of China, especially after theeconomic revolution in the 1980's, the civilization and industrialiTation have beendeveloping rapidly and population has also increased a lot. Nowadays, thethree-dimensional usages of land are already common in this country. However,there is no legislation correspondingly for reference or forming the rules of legalprecedent, even the theoretical researches on this topic are just on the initial stage.Accordingly, it is necessary for us to make a research into the important legalproblems such as the generation and the usage of the jurisprudence of air spaceright and also to offer references of resolving this nation's related problems inrespect of legislation, judicature and legal practice. This paper is constituted bythree parts, including introduction, text and conclusion.Introduction: this part draws forth the generation of space right and itsobjective elements, and then points out the present situation of space right systemand the existing problems in this country, and finally clears the purpose of thispaper.The text is divided into the follows parts:1. The basis of the emergence of space right. The occurrence of space right has its corresponding realistic and theoretical foundation. The development and thedemand of land exploitation and land usage makes the production of space rightpossess realistic needs, promote the change of land ownership ideas then, andestablish theoretical foundation for the production of space right.2. The comparative research on space right legal system of some majorforeign countries. China is behind the western countries on the legislation, practiceand theoretical research of space right and thus, there is an opportunity for us tolearn a lot from the developed country experience. This part compares differentformations of foreign space right legal systems and makes a conclusion.3. The research on the major theoretical problems of space right. The natureof space right is a focus of many domestic researchers and different views. Thedisputes are mainly about whether the space right is a type of independent right ofthe beneficial usage fight. According to the author, space right is not anindependent beneficial usage right, but the abstract of various types of space right,and as for its specific nature, is ascertained by the different purpose decided. Thispart also discusses the content of space right. According to relative foreign legalpractice and theories, space right is generally composed by space ownership andspace usage right and the space usage right is constituted by the space use right ofreal right and the space use fight under contract. This part also introduces variousclassifications of land space right.4. The research on domestic space right legal system. This part discusses andanalyzes the present situation and related legislation of exploitation and usage ofspace right of our country and finally makes a conclusion.5. The conception of domestic space right legal system. This part putsforward the author's legislative conceptions of founding space right of China,including the legislative formation, the legal relationships, the taking and theelimination, the term and exercising restrictions of the space right.Conclusion: The establishment of space right, is not only very necessary inpractice, but also theoretically possible and reasonable. Therefore, the generationof space right will make the traditional theory of land law from the jurisprudenceof concentrating on the exploitation and usage of the earth's surface straight andgradual conversion to the jurisprudence of concentrating on the three-dimensional usage of the land. Meanwhile, the establishment of land space fight legal systemwill absolutely be substantially beneficial for the economic and socialdevelopment.