Underground Space In The Right Research

Since the times of Roman law, humanity had generally made use of the earth's surface before Industrial Revolution which happened in the 19th century particularly. Owing to the overpopulation, the urbanized advancement quickening and the resource of earth's surface finiteness,humanity have to development of society industrialization,speacially the progress of the modernized construction and building technology,there is using 3-dimensional such as the underground railways,the underground markets and the underground civil air defense facilities appearing in succession.However,as the result of the rights principle of traditional absolute property has not been resolved this kind of new problems effectively,owning and making use of the underground space cause many problems.Since half of the late 19th century,many developed countries successively in the code civil,either the formulation special law or through the judicial precedent,or through have made other related laws,and than has establish the underground space possessions and legal system making use of formally.Although lots of underground streets,underground railways,underground walks and so on have bent existed everywhere already in our country,the corresponding space right legislation and academic research drop behind.Our law system has neither corresponding legislation reference nor form legal precedent regulation.The lurisconsult starts the academic theory's research right now.At present,our country has not established unified unified system of the underground space right,meanwhile interrelated underground space using aspect's special legislation is also very weak.What our law system has is only the related specific law and some local laws and regulations.Relative to the current underground space use situation and the future exploitation possibility,government needs to accelerate underground space right's legislation to reply the grave lagging of legislation urgent.It has indicated that using underground space not only alleviate the contradiction between the urban development and the scarce of land,but also provide theopportunities for the urban modernization.But because of lacks the law about underground space,a series of rights and obligations which produces by the using on underground space cannot be adjusted effectively.Therefore,it is significant and considerable on the value of theory and practice about the relevant legislation of underground space rights to reach the theory of underground space rights and elaborated reasonable and necessity that it is to adjust the legal relations of underground space right by law.This article has been analyzed by the fact that other countries and regions existing underground space theries,and introduce some countries underground space legislation practice,unifies our country national condition,put forward to some proposals to construct ours underground space right system.I hope it can refer to the legislation and the practice of the underground space right.This article will divide into the introduction,the main text two parts presently divides states as follows:the first part will analyze the underground space right production and point out the present situation of our country underground space right system and the existed question,pointing out the meaning of the article.the textual material divides into following four chapters,the summarizes of the underground space right;This article refers to underground space,s conceptual realm and pointing out that the underground space right is a new right which human being can legally control and make use,s of.Elaborated in detail the domestic and foreign underground space uses historical development advancement,as well as the underground space,s theory from it. the theory analysis of the underground space right,including the nature of the underground space right,the characteristic of the underground space right,the underground space right,s legal relationship as well as the underground space right's theory breakthroughs the traditional real right theory.The second chapter,will introduce overseas and Taiwan area,s legislative practices,point out our country underground space right,s legislative situation.The third chapter introduce the existence questions and put forward to some legislative proposals for founding our country,s system. The last chapter,legislative ideas of our country underground space right system.