Research On Legal Issues Of Layered Construction Land Use Rights

With the rapid advancement of urbanization in China in recent years,a large number of high-altitude corridors,elevated highways,elevated railways,and civil air defense projects have appeared,changing the traditional land use forms and realizing the transformation of land use from two dimensions to three dimensions.On account of this type of new phenomena,China has made corresponding arrangements from the aspect of civil law.To this end,Article 136 of Property Law has for the first time established the system of layered construction land use rights,which has laid a solid foundation for the three-dimensional development of land use and the establishment of layered construction land use rights.However,only depending on the principled provisions made in this general clause in practice,it fails to solve various complex and specific problems arising in reality.This paper is based on the present situation of the development and utilization of construction land in China,it draws lessons from the legislative model of the land stratification system outside the country in order to provide effective legislative protection measures for the promotion of the stratified use right system of construction land in our country.Firstly,this paper compares the system of layered use right of construction land with related concepts,defines its institutional connotation,analyzes the necessity and possibility of its emergence and clarifies the positioning of rights.Secondly,it analyzes the current situation of legislation and practice of the system of stratified use right of construction land in our country and the problems in legislation and practice.Thirdly,through the study of the legislative model of different spatial rights outside the country,it is realized that the system of construction land use right should be paid enough attention to in our country and provide suggestions for the choice of legislation mode of construction land use right,finally,it is put forward the concrete idea of perfecting the system of construction land use right in our country,made clear the subject,object and content of the right and put forward the solution to the conflict of rights in practice.