The Study Of Leangle Issues Of Urban Space Utilization

With the intensification of contradictions between the increase of population andland scarcity, the land issue has become a worldwide problem. One of the means toalleviate this contradiction is to fully use land space. On the legal system, the right ofuse space has gained national recognition. At present, the legal system of using spacehas been relatively mature. Meanwhile in our country, scholars also have studied inrelated fields. But it is still in its infancy. Space right research is still not mature intheory, so it needs further research. In view of this, this article takes the rational use ofcity space as the value goal, focusing on analyzing and discussing the city space right,the scope and management of space.This paper is divided into four parts, narrating as following:Part one, the general theory of space right. This part introduces the concept ofspace, the characteristics of space right and the space right legislation of foreigncountries. I t analyses the subjects of space utilization at the breakthrough of spaceand land, space and land ownership relations. It tries to elaborate the subject’sparticularity with the object of the space right.Part two, the scope and limits of using city space. This part mainly discuses thescope’s boundary between the land use right and the space right. It determines thescope of space right depending on the scope of land use right. At the same time, inorder to achieve the overall city planning, rational use of space, and the public interest,the right holders’ right has been restricted.Part three, the problems of city space utilization system in chain. This partintroduces the present stage of space planning, construction, management andlegislation in chain. Via analyzing the land-tenure system of chain, it elaborates thenegative impact on the development and utilization of city space, such as the ledgegaps of space subjects, scopes, and registration system. At last it analyses legalproblem of city spatial planning management and management system deficiencies. Part four, the consummation of country’s city space utilization system. This partseeks ways to improve the relevant legal system for the problems above-mentioned.Firstly, it clears the scope of the land use right in the grant contract, and excludes theinterference in or retaking the land use right. The registration system of building andland can be separated in some condition. Secondly, it recognizes the space right to bean independent right in law, includes the scope of land use right in the transfercontract stipulate, and unifies the registration system of space right. Finally, it comesup with consummating the legal system of land use planning, improving the level oflaw, and guaranteeing the operability of laws and regulations. Meanwhile, in order toimprove the administrative efficiency, the author advises to strengthen the mechanismof space planning administration and overall planning Administrative functions.