Right To Space Research

In this paper, the space right is a controversial problem in civil law. In the process of urbanization, population growth exacerbated by the scarcity of land and the contradiction generated between them, the land of three-dimensional use became possible with the rapid development of science and technology, thus the resulting theory of space, space right systems have been established in the west developed countries and regions. Space-related legislation and study are relatively backward in China. This paper bases on China's basic national conditions and legislative traditions, with the basic principles of the civil law as a guide, uses historical analysis, comparative analysis of the methods of linking theory with practice to space right of legal norms and academic research and data integration, on the hope that it is help to establish the space right system.In this paper, in addition to the introduction and conclusion, the body is divided into four chapters: the first chapter is about the background, concept, nature, classification of space right and the relationship between the space right and the legal doctrine of the property right, and for interpretation that the space is an independent and valuable space for human specific domination and exclusive use, and space right is the right to enjoy that particular space exclusively; The second chapter describes the concept of space ownership, and the subject on the right and the development of one ownship on one res, and points out that establishing space ownership is conducive to the establishment of other property rights, finally, distinguishes the space ownership from the land ownership and the ownership of buildings distinction; The third chapter studies basic theoretical issues of space superficies, compares with the right of land use, and proposes the corresponding coordinated approach about the confliction between the space superficies and the related rights in the process of establishment; The fourth chapter is about space right legislative conception, through investigating the western countries and regions space systems, and analysing current legislation of China's space right, I believe that China's space right legislation in the mode of choice should draw lessons from abroad "civil law model", to take the legislative approach, add space right to conduct an independent property law norms.