The Research Of Several Questions About Space State-owned Construction Land Use Right

The land-use right for construction is an important usufruct of the propertylaw， which means construct buildings、structures and attached facilities in the stateowned land and space， in order to possess、 utilize and benefit from them.According to the136th regulation of China’s property law， the land-use right forconstruction can be set on the ground space or underground space. In somedeveloped countries，such as France，Germany，Japan，s right of space has beenbrought to the attention of the general， and conduct relevant legislation.The article will discuss the relationship between space land-use right forconstruction and space right system， definitude the character of space land-useright， to determine whether it’s a new independent property right and discusse whatkind of the legislative mode can be adopt. According to the136th regulation ofChina’s property law，the land-use right can be set up in the situation of space use.This provision established the legal status of space land-use right for construction.But the provisions is relatively simple and the practice is more complex， so It is notenough for provision to solve the situation of space use. Based on all the reasonsabove， this article conduct a research of several specific questions about spaceland-use right. The space land-use construction set up by country；the object of rightis the space which besides the space of the surface land-use right for construction；this right need more detailed registration procedures；In order to guarantee the equityof the right， the adjacent match relationship principles should be set up. Aftersufficient theory study， based on the reality needs， this article will carry on theresearch of the specific mechanism.