Conflict And Construction Of Three-dimensional Use Of Space Construction Land Use Right In China

Spatial three-dimensional utilization is an important way to promote land use intensively and efficiently in China.At present,the land use in China is no longer limited to the surface,and the layered use of the upper and lower space of the land has broken the limitation of only focusing on the surface.Article 136 after the promulgation of The Property Law stipulates: "The right to use construction land may be established on the surface of the land,above ground or underground respectively.The newly established right to use construction land shall not damage the existing Usufructuary Right." Thus,the concept of land use right for space construction is established.After the promulgation of China’s Civil Code,Article 345 and Article 346 continue to apply the principle provisions of Article 136 of The Property Law,the lack of an overall system to resolve the right conflicts and contradictions,which will also have a negative impact on the economic benefits of land and space development.At present,to construct the system of the right to use space construction land,we should first clarify the nature of the right to use space construction land and define the scope of the right to exercise.The nature of the right to use space construction land belongs to the right to use construction land,which has the property attribute and is not a new type of usufructuary right;The scope of its subject matter extends to the space above and below the land.Secondly,taking a certain space scope as the object of rights,it objectively expands the object scope of traditional property rights,which is also the innovation and development of the content of one thing,one right and the legal theory of property rights.Thirdly,the use right of space construction land will inevitably have conflicts of rights and interests in the subsequent construction.On the one hand,there will be conflicts of rights and interests with the land ownership,and there will also be disputes of rights and interests for more than two space construction land use rights in the same level of space;On the other hand,as the basis for resolving the rights and interests disputes within the space scope,the traditional principle of dealing with adjacent relations cannot meet the two-way needs of adjacent spaces,and the imbalance of interests in the use of space cannot be properly resolved,as well as the advance planning of real estate within the space scope.Thirdly,there are problems in the construction and utilization of rights in China at present: First,the legislation related to rights is insufficient,and its concept and provisions are vague;Second,the types of buildings suitable for building space are not clear;The third is the lack of registration rules of rights;Fourth,the impact of land loss or settlement on space was not considered.Finally,the right should be constructed and improved from the three aspects of the establishment,exercise and change of the right to use space construction land.The focus should be on the conflicts and disputes during the exercise of the right and the change rules.When a dispute arises over the establishment of overlapping rights,it shall be resolved in accordance with the "first come,first served" order and the registration order;Establish the agreement system of adjacent space utilization relationship,and plan the conflicts and disputes between the obligees of all parties in advance;In the process of rights change,in addition to planning for the acquisition,registration and elimination of rights,the relevant real estate obligees should be given the right to know and the right to object.After the conflict,the relevant obligees should also have the right to remove obstacles,eliminate risks,and restore the status quo ante,and claim damages to safeguard their own rights and interests.