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The Legislative Construction Of The Legal System Of Space Superficies In China

Posted on:2018-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:L QianFull Text:PDF
GTID:2336330533459085Subject:Law
Abstract/Summary:PDF Full Text Request
China is in a period of rapid development of urbanization,urban construction is changing with each passing day.However,Serious and complex urban problems and the inherent characteristics of urban land makes people for the development and utilization of land is no longer limited to the previous plane mode,and it becomes the basic establishment of theories and institutions of Space Superficies in different countries or regions.Also,the relationship between plane land use and the threedimensional ones caused by the transformation of disparate land utilization mode as well as the tridimensional land utilization itself are both in the lack of legislation,resulting in a variety of new legal relations cannot get a comprehensive and effective adjustment.Therefore,actively introduce the theory of Space Superficies in China 's legislation,legally affirmed and safeguarded the new land use relationship,would brought great benefits for the response to the actual use of space and the protection of the interests of space owners.This text takes the space superficies as the research object,the current legislation as the starting point,the civil law in continental law system as the basement,the foreign legislation as a reference and the exploration of the Chinese special institution as the goal.Simultaneously,to the use of dialectical,empirical,comparative analysis methods,deeply discussed the essential issues of the institution.Besides,this paper put forward the concrete ideas and contents of Chinese space usufruct of construction land through the analysis of current situation of legislation and legal modes,with a benefit view to Chinese relevant theories,legislation and justice's establishment and perfection.This article will be described from the following five parts:The foreword part makes a brief introduction of the topic's background and the train of thought.The first chapter of the text makes clear of the basic theoretical issues,involved definition of the concept and its relationship with traditional Real Right Theory.This paper points out that Space Superficies is not a completely independent concept at the very beginning,and clarified its differences with relevant concepts,thus,achieved the goal of down scoping and avoiding confusion.Then,the deployment analysis of Space Superficies' system provides basic foundation for the confirmation of the institution's legal character.Finally,through an analysis of the relationship with property rights theory,clarified that the space right is a kind of right form which is compatible with the law of property and its traditional theory.The second chapter mainly compares and analyzes the different aspects of Space Superficies itself,including legal nature,legislation pattern and land institution.Besides,combined with Chinese relevant actual situation and in the perspective of comparative method,the text comprehensively analyzes the possible problems that Space Superficies' incorporation.Also,the paper put forward series of feasible solution in order to achieve perfect combination between the right and the existing legal system in China.The third chapter first reveals the reality of the regulation of space right in China,and with the reflection of real case,points out the series of problems caused by the lack of the institution.At the same time,with the starting point of existing legal provisions in our Property Law,the text clarified the legal status of the space right in our country,and then for the plight of the specific regulation of space system in China,combined with the legislative experience of Taiwan in China,it points out the advantages of space right in our system construction.The fourth chapter is the core of this article,that is,on the basic of the above four parts,explored the legislative train of thought that should be followed in the construction of the system and the coexistence of rights' conduction.Finally,the paper designed concrete legal provisions and its interpretation as the benefited attempt and ardent prospect for the institution's legal construction in our country.
Keywords/Search Tags:Space Superficies, Ordinary Superficies, space usufruct of construction land, Air Rights, Legislation establishment
PDF Full Text Request
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