Study Some Problem About Space Right

In traditional agrarian law, the land is conception of “the poor day and the atlas”,theland owners have all right of overground,underground and the earth’s surface, the space ofland which up and down have no independent economic value. With the development ofscientific technology, make use of space by may not become a reality. The development ofproductive forces will promote and perfect the legal institutions and theory ofsuperstructure, traditional theory of land legal become ability not equal to one’s ambitionwhen resolve construction of the space，the theory of space emerge as the times require.Our country scholar have further research in space of theory and system, legislative levelalso made it quite grades. But at present there are defects, protect the right of spacemuch still remains to be done.This preamble mainly introduces the expatiation of the reason, purpose and meaning.Then summarize the situation of study, and the focus of analysis of the problem, points theway for research of specific direction and fields of study.The text is divided into the four parts：The first part is overview of space right, first introduce the basis of emergence ofspace right and discriminate the conception of it, then explain the feature of space right, onthis base classified it, at the last introduce the space right at home and abroad aboutlegislationpresent status and horizontals model.The second part is space right of legal nature and constitute a system. The nature ofspace fight is a focus of many domestic researchers and different views．The disputes aremainly about whether the space right is a type of independent right of the beneficial usageright. According to relative foreign legal practice land theories, space right is generally byspace owner ship and space usage right. In the space of ownership is about the relationshipof space ownership and land ownership and the relationship of space ownership andbuilding differentiation ownership, while space usage right is constituted by the Space useright of real right and the space use right under contract.The third part is to resolve the problem about set up the legal institutions of spaceright. First definite the legislation of our space right. Next evidencing what to solve aboutit., include“The space” range is not clear. Space rights information is not complete, therelationship between space right and other rights need to adjust (the relationship of spacerights and land use right of the, the relationship of space rights and DiShangQuan, therelationship of he relationship of)The fourth part is suggestion about rebuild the basic framework of our space right, which consist of the nature of space right and exercise. The nature of space right havespace ownership and use right country exclusive space civil circulation principles, countryexpropriation and the priority principle of public welfare undertakings development,Space is limited use principle, space without also harm with principle. Then clear spaceright legal system in the legislation. Include the range of space, clear the space right ofagricultural, clear space servitude clear space neighboring relationship in legislation.