| Since the times of Roman law, humanity had generally made use of the earth's surface before Industrial Revolution which happened in the 19th century particularly. Owing to the overpopulation, the urbanized advancement quickening and the resource of earth's surface finiteness, humanity have to develop the underground space urgently by the modern times. With the development of society industrialization, specially the progress of the modernized construction and building technology, there is using 3-dimensional such as the underground railways, the underground markets and the underground civil air defense facilities appearing in succession. However, as the result of the rights principle of traditional absolute property has not been resolved this kind of new problems effectively, owning and making use of the underground space cause many problems.Since half of the late 19th century, many developed countries successively in the code civil, either the formulation special law or through the judicial precedent, or through have made other related laws, and than has established the underground space possessions and legal system making use of formally. Although lots of underground streets, underground railways, underground walks and so on have bent existed everywhere already in our country, the corresponding space right legislation and academic research drop behind. Our law system has neither corresponding legislation reference nor form legal precedent regulation. The lurisconsult starts the academic theory's research right now. At present, our country has not established unified system of the underground space right, meanwhile interrelated underground space using aspect's special legislation is also very weak. What our law system has is only the related specific law and some local laws and regulations. Relative to the current underground space use situation and the future exploitation possibility, government needs to accelerate underground space right's legislation to reply the grave lagging of legislation urgent. This article has been analyzed by the fact that other countries and regions existing underground space theories, and introduced some countries underground space legislation practice, unifies our country national condition, put forward to some proposals to construct ours underground space right system. I hope it can refer to the legislation and the practice of the underground space right. This article will divide into the introduction, the main text two parts presently divides states as follows: the first part will analyze the underground space right production and point out the present situation of our country underground space right system and the existed question, pointing out the meaning of the article. The second part, the textual material divides into following three chapters, the summarizes of the underground space right; This article refers to underground space's conceptual realm and pointing out that the underground space right is a new right which human being can legally control and make use of. Elaborated in detail the domestic and foreign underground space use's historical development advancement, as well as the underground space's theory from it. Three aspects has carried out analysis from economy, technology and the theory. The two chapter, the theory analysis of the underground space right. Emphatically analyze the theory analysis of the underground space right, including the nature of the underground space right (I.e. as an independent real right exist), the characteristic of the underground space right, the underground space right's legal relationship as well as the underground space right's theory breakthroughs the traditional real right theory. The last chapter, legislative ideas of our country underground space right system.This article will introduce overseas and Taiwan area's legislative practices , point out our country underground space right's legislative situation and the existence questions and put forward to some legislative proposals for founding our country's system.
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