Research On The System Of The Right Of Space Easement

With the further development of economy, more and more scarce resources. In order to give full play to the utility of land resources, land has gradually began to use the layered and three-dimensional road. The above is the land space, land use spatial stratification means that entered the extensive social production and life. Thus,related institutions also have the ownership of space, China’s "property law" has used the concept of "right to use" space construction land. But the space involved many rights and disputes are not single "space right" can cover, as land related rights and not only on the "right" to clarify. This paper is to study the space easement, although the concept belongs to the space right, but has its own unique value, should have independent legal status.But now, the research on the space easement is little, the construction of the system also needs further study.The full text is divided into four parts.The first part is the definition of space easement. Firstly, this paper analyzes the meaning of space easement, the traditional "servitude" concept to re-examine the shortcomings of the traditional, clarify personal servitude and easement, and the introduction of the concept of space easement; secondly, this paper discusses the value of space easement, the easement of space rich property the system in theory,in practice, but also to meet the social needs; finally, the article analyzes the related concept and the space easement.The second part is the comparative study of space right. The relationship between easement of space and space based on the right, this paper describes the origin of the space right; secondly, this paper introduces the meaning of the right of space for the foreign theory; thirdly, this paper introduces the two legal systems of different legislative model on the space easement; finally, according to the origin of space right meaning, and legislative model analysis, the study conclusions.The third part is the application of space easement system. This paper mainly studies the space easement in the application space of our country, analyzes the space easement in our country the system of usufructuary right on the property of independence, and whether an existing space easement in China and a feminist contradiction two questions.The fourth part is the construction of space easement system. This article from the right form, change and limit three aspects of system analysis of space easement system, puts forward the system construction ideas and suggestions, in order to make the system into the system of usufructuary right in China do some preparatory work.