The Research Of The Space Right On The Space Right On The Buildings’ Outdoor Advertisements

Abstract:In recent years, manylocal governments in China had promulgated "new policy on buildings’ outdoor advertisements "which provide that the government had the right to participate in the auction and sell of the management right on the outdoor advertisements and share the profit.This practice caused a great controversy. Opponents argued that government’s behavior used the power to contest for interest with people,and the government argued that the space resources of outdoor advertisements belong to public resources, the government can on behalf of national exercise the right.there are also some proponents who put forward "the right of space vision "to support the government.This paper is based on the thinking of the problem,at the right angle discuss the ascription of the space right on the buildings’outdoor advertisements,and put forward the concept of space right on the buildings’outdoor advertisements "to expand the discussion and study.There are five parts in the paper except the full text introduction and end:The first part,Combing our country national legislation and the local regulations of carding,the author find that because of the lack of legislation and brushed aside, there are a lot of phenomenons that the public power infringement the space right on the buildings’ outdoor advertisements.In this part,the local regulations is classified, concluded and analyzed.The second part, the research objects and scope of object are defined clearly."Outdoor advertising people building the space right" is the right for the purpose to set the outdoor advertising to use the space of outside the building. The author define the object space range at two angles which are the level extension of building periphery premise and roof,and this is the foundation of the study.The third part, at the Angle of a right, the author analyze the content of the space right on the buildings’ outdoor advertisements,and because of the particularity of outdoor advertisements, we should put forward some restrictions to the right. The fourth part, the author put forward that the right holder exercise the right should follow some principles,and compared the power and right on the buildings’ outdoor advertisements,compared with the difference between the space right on the buildings’ outdoor advertisements and neighbouring relations、servitude and the distinction between ownership of the building, thought that we should deal with the conflicting relationship between the right and other rights.The fifth part, the author think that we should give the space right on the buildings’ outdoor advertisements with right protection,and Improve the legislation,by the time hoped may invoke the private rights consciousness on the buildings’outdoor advertisements,promote the improvement of the system of space right in our country.