论空间建设用地使用权-民商法学专业论文.docxVIP

IV IV use spatial construction land. Changes in the concept of land ownership and the establishment of relevant legislation provided a legal basis for the three-dimensional space utilization of land and provided the theoretical foundation for the right to use spatial construction land. The second part describes legislation and patterns in our legislation about right to use spatial construction land ，so as to provide a theoretical reference for the legislation of the right to use spatial construction land. National and regional legislation take three major legislative modeon the use of space .It is respectively: the usufructuary rights chapter in civil code specified in the land space right by independent civil model, the space method to adjust the normative space legal relationship and making space rights system establishing a separate space method mode, the way to spread the use of space legal regulations. What kinds of package model by countries legislative mode should be determined by the specific legal system in China, using space takes whatever legislation construction land use pattern provisions. Space construction land is a usufructuary rights in others, in the space for the purpose of buildings or structures have used others, its use of the space rights of others is the object space. Legislation in our country should be the use of space will be specified in construction land system, and not independent usufructuary rights. This explains, in the ground or underground established in construction land and in surface construction land only a difference of the amount of the difference. Our country law without taking construction for the purpose to use state-owned or collective all land rights called construction leaseholds by construction; accordingly, for the purpose of state-owned or collective all land use right of the space should be called space construction land, which conforms to Chinas national conditions. The third chapter basically research s