空间建设用地使用权研究民商法学专业毕业论文.docx

PAGE PAGE 1 2 2 Abstract This article chiefly research about the “Property Law” Section 136 “the space construction land use right”, summarized the main problems and solutions by finishing the space legislation and theory of Domestic and foreign, combine china’s basic national conditions and construction land use right to analyze the above content in order to perfection of the space construction land use right legislation. Besides the introduction, this article is divided into the follows parts: The first part mainly state about the basic theory of the space construction land use right. By discriminating the related concepts, propose that the right in section 136 of the “Property Law” should be called “the space construction land use right”, and on this basis, put forward that the legislation should introduce this concept. This article although recognition this concept, but this dose not mean that the right constitute an independent usufructuary right, because the difference between the space construction land use right and the common construction land use right is only the quantity, but not quality, existing legislative models worth endorsed. Summarize the current legislation situation of the space construction land use right at domestic and foreign, China should step up to introduce the single legislation about underground space planning and management, at the same time, China also should begin constructing the basic operating rules of the right and consider to draw up a comprehensive legislation when the time is ripe. The second part mainly research about the object of the space construction land use right. The object of the space construction land use right shall be “space” instead of “land”. The space range of the space construction land use right should be cleared in the aforehand planning, instead of being identified as “space occupied by buildings, structures and ancillary facilities.” In addition, there have some common construction land use rights emerg