On The Right Of Land Space

What this text to study is a new subject in civil law theory, namely land space right. Land space right emerges in the course of three-dimensional use of the land. The formulation of the theory of land space right, is the reflection that social science and technology develop legally at full speed in modern times, and is a kind of break-through to the traditional land ownership theory. In the urbanization course, the land, as rare resource, it is the inevitable request for social economic development that its many huge profits are used. So, legislation about Land space right has great meaning.This text divides three parts to describe land space right altogether.First part Introduce the basic theories of land space right mainly: 1.Forming of land space right: (1)The era background that land space right forms. (2) Forming foundation of land space right . (3)Attribute of land space right .(4) Classification of land space right. (5)The meaning of establishing land space right. 2. Land space right is relatively studied. Investigating the legislation about land space right of abroad and area, there are three kinds of modes mainly: (1) Civil law mode. Stipulate land space right among the chapter of civil law code, with Germany, Japan, Switzerland, etc, continent law department countries, for typical representative countries. (2)Space law mode. Had another name called the mode of law of single file, namely make the legal relation and system of land space right to " the space law "alone, U.S. A. and Britain, etc, common law department countries, for typical representative countries. (3)Mode of " law parcel ". This kind of mode is adopted for Taiwan of our country.Second part Put forth effort to study the land space right of our country: 1. The study and analysis of the current situation in land space right of our country : (l)Study of the current situation in land space right of our country. (2)Analysis of the current situation in land space right of our country.2.Relation among land space right and land right, land ownership: (1)Relation between land space right and land right. (2)Relation between land ownership and land space right. 3.Construction of land space right system of our country: (1)Ownership of landspace right.(2)Rjght of utilizing land space right. 4.The principles of utilizing space: principle of Country taking over for use and develop, principle of limited utilizing, principle of harmless to utilize space. 5.Several concrete systems related to land space right.: land space resignation system, space administrative department, right to prior to develop the land.The third part Study the following question that land space right causes: 1 .Coordination of the relation among land space right and other rights: Probe into the conflict and coordination between land space right and " common right ", private right. 2.Question of distribution of interests that land space right causes. In this part, the writer quote two cases of actual life to analyze concretely issues of distribution of interests that land space right causeWhat need to explain in addition is, this text adds the word of" land" before " space " while describing space right, the writer put to use statement of" land space " or statement of" land space right" in full text, in order to distinguish the land space from outer space, underground space that can't develop, etc.