Definition Of Space Right

Along with the society’s development and the shortage of urban land, only using the surface of land cannot meet the needs of a city, which makes it necessary to use space. So, how to define space right become important. The Property Law formulates that space right is independent from land use right, but is a type of construction land-use right. There are many problems with this legislative mode, and it leads indirectly the wrong provision of the article 51 of a Guangzhou regulation: THE OPINION ON INTENSIVE USE OF LAND.Space right is a new type of legal rights. It is unlike construction land-use right in range,preliminary design subject, fee, conditions, purpose, content, and registration methods. Property Law adds an independent new legal right, called space right, is conducive to resolving the problems of the current legislative model, perfect the usufruct system, set aside more space for developmental space-use, and balance interests of the related subject. What this article researches are the characteristics of space right and which legal conditions make a space right.The article is divided into three parts. The first part introduces the legislative mode about space right of Property Law, and analysis its disadvantages. The second part introduces the different space right between Common law and Civil law, provides a reference for Property Law.The third part analysis the necessity and benefit of setting up a new type of rights, space right,then gives advices of how to set up space right, analysis conditions of being space right.