| It is the general trend throughout the world to use three-dimensional way for land use. In the field of property law, the spatial using right is a new kind of right, which is brought out by the development of land use from flat to longitudinal. At present, the spatial right legal systems in western countries have been successively set up, but in our country, this field is rarely touched. The related research of spatial right in our academic circles is also very rare, especially on some theoretical problems of spatial right, which has lots of disputes. The author thinks that, the spatial right is come from the land ownership, when the spatial right and the land ownership separated, as the others have to built buildings or work on the land, the land owner transfers the spatial right to others and obtain the land right to possess, utilize, profit from it, which has the same source with the superficies. Therefore, spatial using right is not a separated usufruct, but the abstract generalization of various rights types set on certain space.At present, our country’s urbanization construction is in full swing; city scale is expanding, the increasing demand for land resources and the rapid growth of population makes the problem of scarcity of land resources is very obvious, both demand and supply contradictions increasingly prominent. As a result, people divert the attention to the ground, underground stereo-space, with more and more widely use of space, spatial rights and land rights separated, superficies and subsurface right all can have different subject of rights; this kind of conflict with superficies prompted the creation of spatial right system and legislation. In today’s world, spatial right and its related systems have been widely shown in the laws of lots of countries or regions, but for some theories of the spatial right problems and the related legal systems have not been unified. Such as the problems like the concept and nature of spatial right, the object of spatial right, the relationship between the land and the space and so on also varies among different legal systems of different countries. Currently, the development and use of space in our country is also widely, but there is no legislation on spatial right, which goes against the development trend of society. The property law in our country specified the spatial construction land use right in the usufruct section, which has the cross-cutting meaning in our spatial right legal area., marking the spatial right has been brought into the orbit of legal system in our country, opening the new era of specifying and limiting the spatial right according to the laws and restrictions, which is surely to be a breakthrough in the spatial right legislation. The three-dimensional and flat development of space is different; so the development and utilization of the space can not be incorporated into the rules of the development and utilization of land. Therefore, to perfect the relevant legal systems of the spatial rights seems to be imminent. However, property law in our country simply summed up in one provision, which obviously could not reach the requirements of the actual use; therefore, we should combine the spatial rights legislation of various other countries to create the spatial right systems that is suitable for our country, making the utilization of the space resources in our country can be effectively protected. |
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