A Study On The Legal Problems Of Registration Of Space Rights In The View Of Real-estate Unified Registration

Since entering the twenty-first century,China has become a big country for space development and utilization,with the rapid development of national economy,the process of urbanization accelerated,the level of construction and other factors.However,the lack of space right theory and relevant legal provisions,the imperfect supporting system of the space rights,has brought a lot of problems to the development of space rights.Among them,the lack of spatial right registration system has become an important reason for hindering the development of space rights.It is imperative to improve the system of registration of space rights,in order to ensure the ownership of space rights,to ensure the safety and efficiency of space transactions.In 2015,our country carried out the real-estate unified registration,which is a big step forward in history.As a real estate property,space rights and space right registration system benefit a lot.When the Provisional Regulations on Real Estate Registration enacted,provided room for space rights and provided a good opportunity for improving the registration system of space rights.On the occasion of the implementation of the unified registration of real estate,combining with the registration of local space rights and the practice of registration of space rights,explaining the basic theoretical problems of space rights,this paper puts forward some ideas on how to improve the registration system of space rights.The main content of this paper is divided into four parts,specifically stated as follows:The first part is the basic theory of space rights.According to the definition on space rights of the domestic and foreign scholars,this paper defined space rights as:Nation,collective,legal person,citizen and other civil subjects according to the law has the right of real estate property,which is defined in the land up and down a certain range of space.By comparing three theories of "positive theory" "negative theory" and "comprehensive right theory",this paper use "positive theory".Space rights are made up of space ownership and space usage rights,space usage rights are made up of space superficies and space servitude.In this part,by clarifying the basic theory of space rights,the author lays the foundation of the later content.The second part is about a study on the registration of space rights in China in the context of real-estate unified registration.In this part,firstly,the author introduces the real-estate unified registration.Secondly,the author analysis of the good development of China's space rights from various sides,and the lack of laws whether on the national level or on the local level.Through the comparison of two contents,it's clear that registration of space rights in China has serious problems,which brought a lot of problems.The third part is typical study of spatial rights registration.Taking subway,underground pipe galley,air corridor for example,study three typical space rights how to register.In the subway registration,this paper mainly introducing common problem,jurisdiction problem and confirm obligee.Underground pipe galley is an important thing for our country to improve the urban infrastructure construction.The difficult of under pipe galley registration are mainly reflected in two aspects:distinguishing between surface and underground rights,establishing different registration rules according to the different forms of land.Air corridor as the typical form of ground space development and utilization,this paper introduce how to use land,how to confirm obligee and how to register.The fourth part makes suggestions on perfecting the registration system of space rights,in the context of real-estate unified registration.On the one hand,the author put forward four suggestions from the macro aspect,including accelerating the development of legal provisions at the national level,taking space rights into the real-estate unified registration system,mainly using registration validity doctrine in space rights registration,determining different jurisdictional rules in different regions.On the other hand,from the micro level,exhaustive registration contents and accurate registration space range are necessary.