Research On The Use Of The Right Of The Space

With population growth and economic development of the land as the basic material conditions of human production and life of the growing tension, the urban land supply and demand have become increasingly prominent, land-use development to a three-dimensional use of plane mainly from the past, followed by high-rise buildingsair corridor, elevated railway, subway, underground warehouses, underground parking, continue to charge and hold space in big cities. The development of modern science and technology have greatly improved the ability of people to develop the use of land has also changed the way of land use, the space will have independent economic value, and become a separate object of property rights. Academic space as the object of rights, whether in the theory of property law "thing so far the scope of a moot point, but the practice of development of human society that continues to develop as an object of real things themselves. From Roman law until modern times, the object of property rights refers only to physical things, with the economic development and scientific progress since the industrial revolution, the matter has had a major change from the nature of the natural focus on things gradually into focus the legal nature of things, so many things from the scope of "matter" does not belong on the original natural state, but because it has independent economic value has been artificially incorporated into the legal sense "things". Learn from foreign countries and Taiwan, China state-of-the-art space to use the right of legislative experience, you need to use the comparative law method for analysis. Organize, the right system from the source of the space needed to use historical methods to analyze. On this basis, the use of logical thinking to study space use the right system.In this paper, the concept of space utilization rights, analysis of the nature and conditions for the existence of the space utilization of the right space right difference and the land ownership and land use rights and the status of the relevant legislation, the Property Law of the core the regulations of the land rights of property rights should consider the need for future practice development.