Research On Air Space Right

With the development of social and economy, and under the exploit of the land indepth, the use of space become more widely. So this kind of space development andutilization can produce such an independent right, called Air Space Right? And whetherit is necessary to establish Air Space Right in our country? And whether the currentlegal system can effectively solve these problems or not? All these questions are worthtalking about.Started from Ancient Roman Law, about the use of space had been included in thesystem of land law, most of the civil law countries inherited this notion so that there wasno independent Air Space Right. However, since the first industrial revolution, alongwith a wide range of agricultural population was forced to leave the land to the city,housing, construction, transportation and other demand for land become increasinglystrong. At the same time, the construction techniques had been further improved,therefore, the land use range from surface to the underground and the air. Only using thesurface of the land has been far from satisfying the development of society, and thethree-dimensionally exploit land has become an inevitable trend. However, the PropertyLaw of People’s Republic of China has been carried out in2007, in which the clauseabout space using is far too coarse. It cannot meet the progress and development ofsociety, and cannot provide a good solution for the problems. Strengthen the theoreticalstudy of Air Space Right, affirming the system of it has become an important research.From the relevant provisions of space using on other countries, which generallyhave several names: the distinguish surface right theory, tiered space right theory and airspace right theory. Air Space Right theory in our country is mainstream, but this viewhas not been confirmed by law. The nature of Air Space Right is controversial, somepeople consider it as an independent property right, some others hold a view that it is acomprehensive right. The other people deny space right can separate from the land, andthe usufruct of construction land is able to regulate it. So it is not necessary to establisha new system to solve the problems. Opinions all around the world, how we suddenimpact depends on our understanding of this new object. To maximize the effectivenessof substance, air space right should be separated from the traditional land ownership. Inorder to cope with the trends of three-dimensional land using, and on the basisinvestigation of other countries’ relevant systems, it should be combined with Chinese actual conditions, establishing a space right system to adapt the development of China.