The Research On Space Rights System

The urbanization, exacerbated the contradiction between the rapid expansion of thepopulation with severe land scarcity, while the rapid development of science and technologythat vertical use of space become available,then theory of space rights resulting, space rightsystem also establish and perfecting in developed countries and regions. However, ournation’s space rights theory and legislative research has been relatively slow. Before theintroduction of "Property Law" in2007,the legislation of land spatial use only scatteredindividual legal norms, and these provisions are substantially below the surface of the land,the underground space of rights acquired land use rights, rather than "Land space right. Theintroduction of "Property Law" clear the legal basis of using the land space resources."Property Law" does not use the concept of the "Space Authority", but the object pointed by"the ground and underground construction land use rights",which is same with the spaceauthority, which essentially opens up the legislation of China’s land space right and fill theblank of China’s land space rights legislation. But compared to foreign’s legislativeexperience, our legislation is so general and thin that has not been involved the systemconstruction including subject, object and registration. Based on this, this topic, learned fromthe developed countries and regions in the legislative experience of space right registrationsystem, based on the analysis of the domestic legislative situation of space right registrationsystem,, combined with the key issues encountered in the actual operation, propose viablelegislative measures for the registration of rights issues in the use of land space to improve thedomestic space rights registration system.The paper is divided into four parts, the first part is an overview of the basic theory of thespace rights; The second part introduces the land space rights registration system’s status quo,analysis of the existing problems in China’s land space registration system. The third part, byintroducing other countries and regions’s land space registration system, summed up thereference experience to guide the improvement of our space registration system. The fourthpart, first analysis the need of improving our space registration system, then improve ourspace registration system based on the establishment of a unified space right registrationregulations,finally make our modest contribution to solve the right registration issues in theprocess of the land space use.