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China 's urban land space rights is indeed the right research

Author: HuBiXia
Tutor: LiuYueChun
School: Central University for Nationalities
Course: Legal
Keywords: right of land space right to use land space for construction regulations of confirming rights the connotations of rights
CLC: D923.2;F301
Type: Master's thesis
Year: 2010
Downloads: 54
Quote: 0
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Abstract


In order to resolve the contradiction between economic development and shortage of land resources, people have gradually paid more attention to three-dimensional use of the land space in the urbanization in China. The desire that the subject who invest and develop space asks to protect their legitimate rights through confirming the rights becomes stronger and stronger. The <Property Law> defined that the rights of the land use for construction could be established in gradation. The establishment of the system not only provided a legal premise for determining rights of land space, but also defined someone’rights to use land space for construction who invested the land space.Land right confirmation is a process to determine the subject, object and content of land rights. Due to the complicated phenomenon of land space use, we have not formed a systematic thinking in theory and practice. It leads to right owner doesn’t know what to do and the complications of infringement often happen.From two questions, this article confirms two basic features about confirm urban land space rights. First, it has to be the single construction which leaves the land surface for a certain depth (height). Second, the owner of the single construction does not have the right to use the land surface. On this basis, author put forward a method about confirm urban land space rights. At the same time, the essay affirms the subject of urban land space is the person who uses the land in law, and the object is determined by the contract or the situation of completion. The land space rights include rights of space utilization, disposal, owning the building, structure and the attache(?)ilities, and the demand of property protection and so on. The obligations of land space rights include observing the use controls and urban planning, to pay the associated costs, to give the space back after the expiration of rights and develop the space on time and so on.

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CLC: > Economic > Agricultural economy > Agricultural economic theory > Land Economics
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