The Study Of Land Space Use Right Registration System

Since the Industrial Revolution in 19 th century,social economy has undergone a dramatic transformation and development,especially the highlighted contradictions between land and population with urbanization process.Therefore,the mode of land-use by human was shifting from Plane using pattern tothree-dimensional using pattern.Basing on the transition,people started to exploit and use the land space.Meanwhile,exploration to lawmaking on the construction of air space rights was undertaken.Among them,what is relatively significant are the option of the characters of air space right and its lawmaking mode.China's economy has developed rapidly,since the Reform and Opening.However,duing to the late start of economic development in Chinese society,the legislation and research about our national land space rights were relatively slow,which was unable to meet the needs of social economic development.China promulgated “Property Law” in 2007,which in article 136 requires that the right to use construction land can be in the land of the earth's surface,the ground or underground shall be established separately Although the concept of “the use right of land space” in this provision is not specific,the mode of hierarchically establishment by the use right of built-up land has affirmed it.However,comparing with the advanced and rich experiences in legislation about land-use rights in foreign countries,it is general and lame in China.It is not enough to establish a system for land space rights of use,and it is not applicable in judicial practice.In domestic academic circle,the major issues of this study focus on the concept and character of the space right.The research about the use right of land space registration system has not started widely.Based on the state and problems in lawmaking and research in China,this paper will puts forward reasonable advices to establish and complete the registration system of national land space use right,combining with the legislation experiences in foreign countries and regions.This paper will be divided into four parts.The first section is an overview of the basic theory of land space rights of use registration.By studying the basic theory,to sub-classify it further,identify the system clearly,and analyze the concept and character of land space use right,revolving around the concept of it.The second section is the research about the use right of land space registration system in traditional civil law countries and regions.To summarize the beneficial experiences in foreign countries and regions legislation,by appraising and explaining the legislation of land space use right registration system in major civil law countries and regions,and analyzing the similarities and differences among them and the problems in its establishment.The third section is the research about the state of the use right of land space registration system in China.From two aspects-country and region-to analyze the relevant laws and regulations of land space use right registration system in existence,then to define its problems and drawbacks in lawmaking and practice.The last section is the completion of land space use right registration system.Firstly,to analyze and discuss its necessity and feasibility;secondly,to design a specific scheme of system and put forward reasonable suggestions for the problems,in order to promote the relatively legislation of land space use right registration system in the compiling Civil Code of China and our country's real estate objection registration system.