地下空间权若干法律问题研究-民商法学专业论文.docx

III III IV IV Abstract From 3 million years ago, earthen tunnels and subway to the 21st century, peoples life has always been closely linked with the underground space. With the rapid development and urbanization of Chinas economy, China has become a large underground space development and utilization of the country, and to strengthen the development and utilization of underground space has become an important issue. The space right in nineteenth Century during the industrial revolution, the development level of national economy, research on this emerging right and its related theory of attention are also different. Study on underground space right in China started late, after the reform and open policy, along with the development and utilization of underground space of constant temperature, the study about the system of underground space right is paid more and more academic attention. From the tunnel and subway Three million years ago vertical hole to twenty-first Century, peoples life has always been closely linked with the underground space. The development of economy and city urbanization, China to strengthen the development and utilization of underground space resources has become an important issue. Britain was the first country put forward the concept of space right, the space right law system construction and development are more mature. After the UK, American earlier also produced the concept of land space right. American is a case law country, the space right first through the case to determine the influence of Rome, in the method of absolute land ownership principles, legal precedent and the principles established America jurisprudence regarding land owner can be space to lease or transfer. Germany is one of the most important countries of the modern civil law, the right of space made as early as 1896, the German Civil Code of 1012nd 1900 implementation of provisions. The provisions of the French on the underground space right