This thesis mainly discusses legal questions of space easement in order to improve the theory system of air space rights and deal with the related issues on space easement. Till now, people home and abroad barely do research on system of space easement; as a consequence, people cannot effectively take advantage of space and solve the space conflict. The thesis attaches great importance on analyzing the system value of space easement and highlighting the importance of space easement system. It clearly defines the space easement and clarifies the unique connotation of space easement, besides, it probes into its characteristics (such as three-dimensional structure and prior feasibility), and its nature is totally different from that of personal servitude. The paper also gives emphasis on the subject, object and their rights and obligations, and places particular emphasis on difficult problems when it is applied into the reality in the course of analyzing rights and obligations. In this way, it aims to highlight the value of space easement which is completely different from the servitude and neighboring relations. In addition, it makes a detailed study on gaining and removing the right so as to shed light on the complete process and figure out the objective law. Finally, I put forward some related proposals on legislation of space easement system in our country, aiming to effectively deal with the conflict about the space easement relations, push forward the specific judicial practices of space easement and promote the construction of theory system of space rights. |