Study On The Perfection Of Space Rights System In China

The traditional theory of property law by the influence concept of absolute ownership of Roman law has a opinion that "space" is the subsidiary part of the land what are inseparable. Once the separation between the relevant rights, it will result in conflict. However, as the growing conflict between land scarcity and rapid population growth the countries in the world more and more pay attention to land development and application of three-dimensional and timely make a "space rights" of the legal concept which have confirmed by the law. Space rights can be said in part a challenge to the traditional concept of property law.This paper introduces the relevant content of the space right, relevant legislative practice of space rights of foreign country and Taiwan of China, the status of legislation of space rights in China by summarize, compare, and other methods, Then on the basis of summing up the significance of the legislation of space rights, this paper offers a number of proposals for the legislation of space rights to be beneficial to the perfection of the legislation of space rights.Space rights are the rights of the air space or land in the cross-section, or a range space of upper and lower surface of the land. To nature, space rights are the real property and separate usufructuary. Space rights as a real property right consist of two parts:proprietary rights and utilization rights of space. It is worth mentioning that some scholars believe that the existence of space ownership is a subversion of "a matter of a right-ism" and "property prescribed ". However, I disagree with this view and elaborate related reasons in this article.In foreign countries and Taiwan, there are three legislative models for space rights. The first is the pattern of separate legislation used by the United States and the United Kingdom on behalf of the Common-Law System. The second is the pattern of placing in the relevant sections of the Property Law used by Germany, Japan, Switzerland, which represented by the Civil-Law System. The third is the pattern of wrapping around laws used by the Taiwan region of China. The positive is that the practice of extraterritorial legislation of space rights provides a useful inspiration for building;and improvement of the legal system of space rights in China.The relevant legislation on the space rights back and forth China' s "Property Law" has a positive meaning, but also has many limitations, for example, it goes against clearly defining the range of users and owner of land, space utilization to transfer independently, avoiding the conflict of rights, the development and utilization of space resources of collective land and so on. Therefore, to play the actual effect of space rights more better we should improve our space rights system.Under the background of three-dimensional process in the land deepening unceasingly, the improvement of space rights system has the significance to reduce transaction costs and deriving incentive value. So I offer the following proposals for improving our space rights system: applying a separate legislative pattern of space rights, setting the space easements and applying neighboring rights by analogy, improving the registration system of space rights, determining the principles to be followed of exercise of the space rights.