The Legislative Research On Our Country System Of Underground Space Right

With the continuous increase of the demand of land resource in modern society with rapid development of urbanization and stimulated technology progress, all kinds of underground facilities springing up to bring great benefit for the people’s production and life.At the same time, the problems about ownership disputes underground space resources produced by the increasingly prominent, the traditional theory in civil law about the "complete land ownership" is facing to challenges.Accroding to our current situation, due to the insufficient of theoretical research capability, result in the issues of legislative work of underground space right,such as the low validity of legislative systerm construction of underground space right, the limited sphere of underground space right application,and the dispersed legislative body with rambling and non-systermatic content,etc.And the main contents of the system of underground space right, such as legislated relations of underground space ownership, the nature of undergrond space rights, rights of way to the punishment, and the corresponding program code are not clear and complete. In this paper, the legislative reference will be given to us through a preliminary theoretical analysis on underground space right in our country with the experience of foreign and domestic legislation work from the legislative principle, the legal relationship and the changed right specification.This paper is divided into four parts. The first part is the about the understanding of underground space right, the main content is the concept of space right definition,background and basic nature.The second part is the analysis of underground space right in the legislation of our country, exploring the problems existing in China’s domestic legislation, and then points out the necessity to develop a unified legal system of the underground space rights. The third part is the reference about legislative works on the foreign legislation mode, which can help us to choose our domestic legislative models.The fourth part is to probe the overall construction of legislation in our country, and puts forward some legislative suggestions.