Research Of Space Right

The right of space is a gradual development of a new right compound with the development of social economy.The use of space is gradually paid more and more attention with the social and economic development.China 's "Property Law" 136 for the first time in the legislation on the land surface,aboveground and underground construction land use rights were provided,it marks the legal system of space on the diversification of space to make the principle of the provisions.With the deepening of the research on the theory and system of space right in our country,we have also made a lot of achievements in theoretical research and system construction.However,there are theoretical and institutional values worthwhile to study.The article discusses the basic theory of space right,combined with the understanding of space and the independence of space right,and thinks that space conforms to the basic conceptual characteristics of "thing" in civil law,the content of space right in its own content and nature and construction land use right There are differences,with relative independence.In practice,the right to space into the use of land use rights,is the use of space attached to the use of land use rights,resulting in the fragmentation of space division is not conducive to the overall utilization of space,limiting the value of space resources play.On the other hand,the vacancy of the relevant system of space development and utilization is not conducive to the development and utilization of space,but also limits the development and utilization of space resources.In contrast to the relevant legislation on the right to space in Germany,Germany and Japan still use traditional legislative models to try to solve the new spatial rights in reality,while American law attempts to confirm a new "space right" to confirm Space rights and space interests.According to the present situation of real legislation in our country,the theory of space right and the construction of the system can be constructed according to the German model of Japan.It is considered that the right of space is an independent usufructuary property,which should be used as property rights and property rights.The theory of theoretical research and system construction reference to the German and Japanese related cube.Finally,the right to space as an independent usufructuary rights,should be in the subject of rights,objects and such as possession,use,punishment and other related systems to make specific provisions.The main body of space rights rights includes space owners,space rights users and space neighbors.The main body of the space right can be enjoyed by the land owner,the construction land use right person and even the independent space right person.The object of space right is special.On the one hand,space is the natural attribute related to land,and how to define the scope of space needs to develop different standards according to actual needs.On the other hand,the limitation of the right of space is also an indispensable part of the right to space,and the scope of the use of space and the right to space is limited by the public interest.