Research On The Legal Problems In The Development Of China's Commercial Space Internationalization And The Prospect Of Leagal Space Construction

In recent years,along with a series of encouraging policies in the commercial space field,the strategy of "military and civil integration development" has risen to the national strategic level,and a large amount of private capital has poured into the space field.A number of new private spaceflight enterprises have been established one after another to participate in the development and competition of commercial spaceflight together with the state-owned aerospace enterprises led by the government,thus bringing about a new situation of the development of China's commercial and aerospace industry and a new pattern of participation in the main body.The change of the new mode of business operation also brings the challenge of more complicated domestic and international legal relations and more diversified legal issues.China's aerospace industry has established a relatively complete space research and production management system in practice for many years.Through administrative means and superior resources,it has ensured the smooth development of a series of major space engineering projects and the realization of their objectives.The operation in the system is relatively effective.However,due to the historical characteristics and management mode of the traditional military industry,theconstruction of the rule of law guarantee for the market-led allocation of resources is particularly inadequate,especially in the field of business expansion to commercial spaceflight.The overall planning of some emerging aerospace technology application industries or emerging commercial aerospace industry models is not systematic and comprehensive,and lacks the traction of a suitable legal system.The cost and competitive advantage in some industrial fields are gradually facing the severe challenge of other spaceflight countries.The diversification of the main bodies involved in commercial space activities will further promote the innovation and development of space science and technology,enhance the national space strength and international competitiveness,but it will also bring about an increase in the national responsibility for the supervision of space activities.Increased risk of liability for outer space activities.With the increasing frequency of space activities,especially commercial space activities,the legal problems of integrating with international space law will only become more and more complex and prominent.At present,China's aerospace legislation is relatively lagging behind,and there is not yet a top-level law to comprehensively standardize space activities.The relevant supporting laws and regulations are also relatively lacking or obsolete,with lower legislative levels,less foresight,and less maneuverability.The legal norms of commercial spaceflight related activities are even scarcer,only a few systems cover a limited range,from the legal basis to the level of the rule of law there is still a lot of room for upgrading.Space technology relates to national security and strategy,and space activities are related to the maintenance of outer space order,the protection of outer space environment,the responsibility of space activities and other international obligations.On the one hand,the domestic space legislation is closely related to the international space law system,especially the international treaties and conventions to which China is a party.The international community pays close attention to the legalization process of the States parties and member States in the space field.On the other hand,the space governance ability of a country is related to its own strategic security situation,and all countries are actively striving for and influencing the outer space governance rules.This trend also forces the formation of the ability of building therule of law in the space field and the acceleration of the process.In addition,the international competition in the field of spaceflight is becoming increasingly fierce and international cooperation is becoming more and more intensive.Under the circumstances,the scale and speed of the development of commercial spaceflight do not match the progress of the construction of the legal system,and the market participants lack experience in participating in international competition.The lack of understanding of the international legal environment and the problems such as the degree of discourse and weak initiative in the rules of international space law may affect the orderly development of the scale of commercial spaceflight,the momentum of sustained development of commercial space and the international competitiveness.It may even lead to legal risks and even political risks,affecting national interests and strategic security.The new non-technical problems and challenges encountered in the development of commercial spaceflight urgently require more practical policy guidance,more comprehensive legal norms,more effective supervision and control,and a sound legal system.Advanced legal thinking and scientific industry management to guide the healthy,orderly and sustainable development of commercial space.It is urgent to establish and guide the relevant codes of conduct in the field of commercial space activities,to prejudge the consequences of behavior and to divide the responsibility,the legal consciousness of relevant subjects and management institutions,the formation of legal thinking and the establishment of legal risk prevention mechanism.Paying close attention to the hot issues in the field of international space law,drawing lessons from the legislative experience of the world space powers,and actively participating in the adjustment of relevant international law in the field of space cooperation,is China's space industry in line with the international community.The practical way of integrating domestic space law with international space law.The legislation of commercial space and the construction of the rule of law in the field of spaceflight have enlightening and referential effects on the construction of the legal system of commercial space and the construction of space by law in China.In the legislative model,the legislative model which combines the basic Law with thesupporting laws and regulations,reflects the obligations of the relevant international treaties and the legal provisions in the key areas in the domestic law is a relatively common and mature practice.In order to construct a legal system suitable for the development of commercial space internationalization in China,it is necessary to choose a legislative model suitable for the actual national conditions,and run through the commercial space legislation from the perspective of international law.Through the legislation to perfect the top level design of the space management system,to issue the basic space law,to raise the commercial and aerospace policy and management requirements to the legal level,and to further check the gaps in the process of internalizing international treaty obligations into domestic laws.In combination with the legislative practice of a powerful aerospace country,this paper focuses on the analysis of several major legal relations and specific legal issues in the fields of access management,export control,liability assumption,intellectual property rights,environmental protection,and so on in China's commercial aerospace industry.Summing up the legislative course and experience of other countries has a good enlightenment and reference significance for the better construction of China's commercial space law system,the establishment of legal system module and the improvement of concrete content setting.At the same time,as a world power and a leading space power in the world,China should participate more actively and actively in international space legislation.Using its own technical strength and the concept of the rule of law to promote the further improvement and maturity of the current international space law,to promote the establishment of the relevant legal system in the field of international commercial space activities.To ensure the healthy and orderly development of China's commercial space industry,it is necessary to take the construction of the rule of law as the strategic guide and create an orderly and perfect legal environment.The construction of space by law is not only the important content of developing "soft power" in the internationalization of commercial space in China,but also the path guarantee for commercial space to participate in international cooperation and international competition.To promote the construction of space under the rule of law is not onlythe important content of building China ruled by law and the inevitable need of maintaining the national strategic security,but also the inherent demand of the space enterprises to shoulder the social responsibility actively and to enhance the image strength of the space enterprise.Under the situation of the development of commercial space internationalization,the task of building the rule of law needs to promote the reform of the management system by means of legal thinking and rule of law,so as to give play to the role of the rule of law in promoting and leading the reform process.Effectively combine the construction of space by law with the deepening of the reform of space management system;It is necessary to learn from the global experience,to promote the ability of rule of law to the standard space power,to absorb the achievements of legislative practice and the construction of the rule of law in various countries,and to realize the advantage of late development in the process of space law.It is necessary to combine the construction of the rule of law with the development of commercial space,especially the integration of the construction of rule of law with the military and civil,the innovation driving the development,and the effective integration of international management.Commercial space,the rule of law first;the rule of law space,legislation first;good law and good governance,to complete the mission.Through the construction of space under the rule of law,we should further clarify the management mechanism and operational rules of commercial space,strengthen the awareness of the rule of law and the ability of prevention and control of legal risks,and ensure the development of commercial space on the track of rule of law.Using the rule of law to ensure the transformation and upgrading of space undertakings,to ensure the realization of the space power process,to make greater contributions to the Chinese nation and the world space science and technology.