Research On The Legislation Of Space Construction Land Use Right

With the development of the times and technology, land resources scarce increasingly. The development and utilization of space in city construction is more and more popular. However, the legislation of this field in our country is still in the very beginning status. The existing legal system can not effectively deal with the disputes of space utilization, Therefore, this article will try to study and construct the system of the right to use the space construction land. It will be based on the <The Interim Measures for the management of land(underground) space in Chongqing >(Draft) drafted by Chongqing Government. The aim is to perfect this new type of property right and its related system, to make land using modernized and fully and high efficiency.This article is divided into five parts to study the system of space construction land use right :The first part is the basic theory of space construction land use right, This part is mainly about the concept of space construction land use right?The nature of space construction land use right, And comparing it with the space service right and the adjacent right of space.The second part is the analysis of the legal relationship of the right to use the land for the construction of space, above the subject, object and so on.The third part is finding deficiency of our country's legislation from two aspects of the theoretical and practical legislation.The fourth part is the historical evolution and legislative experience at home and abroad,such as the United States, Shenzhen and so on.The fifth part is the legislative idea of the space construction land use right. the first is the conception of legislative model, the second is the idea of the contents of the legislation, the second part is divided into four parts: one is to build the specific principles, the second is the national basic legislative conceptions, the third is the separate legislation, and the forth is conception of local legislation.