The Right Of Hierarchical Use Of Construction Land

With the development of space on the ground right, increasing people’s attention, butat the same time, there are also a lot of controversy, are currently inconclusive. Buttogether, the space on the ground right is building for the purpose, the right to use the landor underground certain spatial extent of the land of others. Space on the ground right thisright, combined with China’s specific national conditions, in addition to the distinction ofstate ownership, consistent with the right to use land for construction academicconnotation often mentioned extension. Layered construction land can be fully utilized toestablish land resources to achieve sustainable economic and social development; achieveurban integration, improve urban competitiveness; achieve efficient development of thecentral area of the city, increasing state revenue. In the layered construction land userights to develop this regard, foreign countries will undoubtedly at the forefront for ourfunding provides a learning experience. Common law countries, mainly in the form ofcase studies and common law, to be determined on space law, formed a convenient andflexible rules, while civil law countries, mainly in the form of a single chapter in theprovisions of the Civil Code and to make a single law appropriate regulation. Two Schoolshave their own advantages and disadvantages, making our country to learn from, it shouldavoid weaknesses, combined with their own national conditions, has been discarded.China is currently no legal right to specific provisions of space, but there are simplymentioned in the Property Law. Such legislative status situation, resulting in our currentpractice, there has been the development of the property in a hierarchical relationship isunknown, a single hierarchical manner, develop a lack of unified planning, conflictresolution mechanisms lacking other issues. Thus such a situation, the improvement oflegislation, learn from the advanced experience of foreign legislation to solve this problembecomes a top priority. Situation combined experience of foreign legislation and practice,the first confirmed space when construction land use right of the concept; secondly fooledpriority legislation of civil law in the choice of legislative model space, the provisions ofland for construction of their own space in a unified civil code the right to use the rules;Third, a clear scope of the main building and the land use right hierarchical object theestablishment, has made way; Fourth, focus on establishing a registration system forprocessing rules and rights of coexistence and conflict. In this way, from a macro point ofview, so that the legislative chapter-based, while highlighting the construction of the system should pay attention to specific rules.