Space Right To Legal Research

From Roman times to modern times, the land usage of mankind emphasizes generally the exterior of the earth's surface. With the population explosion in city and decrease of land resource, using land in stereoscopic form has become a general trend all over the world. Changes in laws and regulations on land use have proved the same tendency. Space rights as a new legal concept arises when uses of land develop from two-dimensional to stereoscopic form. In comparison with developed countries, Chinese three-dimensional uses of land in terms of both practice and legislation are in a relatively backward state. Therefore, it's necessary for China to establish a "space rights" legal system using land in three-dimensional. And this paper also makes some exploration and study on issues concerning ownership such as the underground garage, air raid shelters, subways and underground pipelines and gives some legislative suggestions.In order to comply with the best time, this right of the space will be launched through the following four parts:The first part is the right of the general theory of space problems. Since the space right in our country is a relatively new area, so this part right from the basic theory of space which includes the space of a right basis for the definition of space power, the nature of space power, space and spatial elements of the right and land rights Use rights were analyzed. Among them, the focus of discussion is the nature of the space space right right is usufructuary right as an independent, the current world there are great in theory controversy. The author believes that right is a separate space usufructuary right, not only comply with the law of space "objects" definition, but also belong to the scope of the usufructuary right.The second part is the modern Western countries and Taiwan of the right of legislation on space study and comparison. As the legislative right of space has just started, and the late 19th century, right in the space of modern Western countries, legislation, practice and theory of space power are well developed, so that part will be typical of countries and the two legal systems in Taiwan legislative style area to investigate and learn to hope legislation will help to establish the right of space. Two Legal and rights of Taiwan's legislative system of space separate legislation were incorporated into the Civil Code chapter usufruct parcels three kinds of legislation and legal style. I believe that, combined with China's specific national conditions, the space into usufruct right is the most appropriate.The third part is the analysis of China's space and practice the right of the legislation. In terms of legislation, introduced China's current space has the right to laws and regulations, administrative rules and local regulations. Include not only legislation on the national level, but also the developed areas of the local regulations. In the introduction of legislation at the national level, focusing on the existing property law provisions on the right space for analysis. In practice, in-depth analysis of the typical sense of reality, the underground controversial issues such as shopping malls and underground garage.The fourth part is on further strengthening and improvement of China's space entitlement legislation. The part of the space from the right of the status of legislation, the basic principles of legislation and our space right shall include the right of the specific content, such as the acquisition and elimination of space, time, registration and restrictions of the author put forward some ideas of space right system.