Research On The Legal Issues Of Space Rights In My Country

As a new right system in modern times,the space right originated from the background of the rapid development of industrialization and urbanization and was used to solve the contradiction between people and land in the process of urban development.China's urbanization and industrialization are accelerating.Facing the national conditions of more people and less land,China is actively exploring the development and utilization of space,but the relevant legislation is far from perfect,which cannot provide an effective guarantee for the development and utilization of space.Therefore,this paper studies the legal issues of space right,and on the basis of analyzing the theory of space right and the system of space right outside the territory,combining with the national conditions of China,puts forward the legislative conception of space right in China,so that this right system can help solve the land use problems in China.This paper is divided into four parts:The first part mainly combs the basic theory of space right.The realistic basis of space right is the contradiction between people and land caused by urbanization.The change of the concept of land ownership and the value of the object of real right contribute to the emergence of space right in law.On the basis of combing and analyzing the spatial right theory,the paper concludes that the spatial right is not an independent new usufruct,and the spatial right and the spatial right are only quantitatively different,but not qualitatively differentThe second part mainly studies the utilization of land space and the status of legislation in China.The shortage of land resources,the economic demand for efficient use of resources and the large population force China to actively explore the efficient use of land.In recent years,the space utilization of land has been very common in our country,and there is still a very broad prospect in the future.Therefore,in order to promote the efficient use of land resources in our country and mobilize the enthusiasm of social three-dimensional use of land,our country must accelerate the construction of space right system.The third part mainly studies the space right system outside the territory.Based on the tradition of case law,common law countries usually use case law and separate space law to define space rights.In the civil law system,such as Germany,Japan and Taiwan,the spatial right is represented as the spatial right.Based on the tradition of the civil code,the spatial right system is mainly defined in the chapter of usufructuary right.By analyzing the system of space right outside China,it is concluded that China should learn from the legislative mode of civil law system and establish the system of space right in the form of the right to use space construction land.The fourth part puts forward some Suggestions on the right to use the space construction land in China.First of all,China should clearly recognize the right to use space construction land in legislation and highlight the difference between the right to use space construction land and the right to use ordinary construction land.Secondly,the principle of establishing the right to use construction land should be stipulated to guide practice.Thirdly,the space occupied and the space exercised for the right to use the common construction land should be clearly defined to guarantee the rights of the subject.Finally,it is necessary to establish the rules of dealing with spatial adjacent relation and introduce the agreement system of spatial adjacent relation.