Study For The Legal System Of Stratification Rights Of Land For Construction

This paper take the rapid development of using land three-dimensionally as background,having a discussion about the system of using space of land for construction in our country,and will let the legal system of China’s space and land-use rights for the construction practiceto improve the operational level as the central purpose of the study.The author believes that è with the development of social and advantage of science andtechnology, the level that people need for land is higher and higher,The use of the land hasbegun to expand from the surface to the upper and lower surface of space è with the "PropertyLaw" promulgated,usufructuary property rights system has contain the rights of usingconstruction land. The provisions of Article136“Construction land using rights could set upin the land surface, on theground or underground. The new construction land using rightscould not have conflict with the usufructuary property which has been set up” The concept ofrights of using space of land for construction were established which was an ending for theargue about the right to the use of space and the way of legislation,And also clarified thedirection for our country to study the rights to use land."Property Law" at136could not solveall the problems, Therefore it is necessary to be law-based to establish and improve the wholesystem of using space of land. At present, about establishment and improvement of using land,china has faced several problems: First, how to understand the character of the rights of usingspace of land, it’s important to deal with the relationship with normal rights of using land×Secondly, our current rights of using space of land have some problems; this is one of thepoints to study the system. thirdly, how to clear the elements of rights of using space of landfor construction and improve the operation methods, That is the focus of this paper.