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Research on Susan Strange's Theory of Structural Power

Author: LiMin
Tutor: DingWen
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: usufructuary right the right to use space the right to use constructionland the right to use spatial construction land
CLC: D923.2
Type: Master's thesis
Year: 2014
Downloads: 0
Quote: 0
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Abstract


Article136of Property Law of the People’s Republic of China indicates that the right of construction land shall be established separately in the land of the earth’s surface, the air or underground.The new rights of construction land shall not damage the usufructuary rights which have been set up.Legislation in our country about the space rights is called the right of spatial construction land. Although Property Law about rights of using space is very simple,it has great significance in theory and practice.However,facing complicated practice,such regulations is so brief that it is often stretched to application in practice. It is not only conducive to the use of space resources effectively, can also solve the conflicts and contradictions arising from the practice of life effectively.In the long term, it will have a certain influence on the sustainable development of economic and social.The article focused on studying on rights of using space, put forward proposals to consummate the right of using spatial construction land,and in order to encourage people to make full and effective utilization of space resources.This article has three sections.The first part introduces the basic theory of rights to use spatial construction land.Firstly,it introduces objective conditions which promoted the occurrence of rights of using space. With the development of science and technology, construction technology, the development of urbanization, population explosion,and so on,they promoted the maturity and development of the space utilization system. Secondly,the paper recommended rights to use spatial construction land in our country,including its concept and the natures.Whether the right to use spatial construction land is belongs to an independent property rights,there has two kinds of opinions which are "definitely" and "negative"theory.The author agrees with "definitely"theory. The reasons include the exclusiveness of the rights, negotiability of the rights.In addition,the paper introduces the relationship among the right to use spatial construction land,the right to use construction land,and space ownership.The second part introduces the legislative cases of other countries and regions.There are three kinds of patterns in worldwide.They are civil law pattern,comprehensive legislation,and space law pattern. Germany, Japan and Switzerland apply to the civil law mode,United States and Britain made the space law,and Taiwan used the comprehensive legislation.The content of the right to use spatial construction land is complex,but the regulations of The Property Law are so simple.It has certain limitations,and it cannot solve conflicts and disputes in practice.The third part is the emphasis of the whole paper.It introduced some suggestions of perfecting our country’s rights to use spatial construction land.The main content are the establishment rules of rights,rights and obligations,the object scope,the registration rules,and how to deal with adjacent space relationship.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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