Study On The Legal System Construction Of Airspace Resource Use In China

With the continuous progress of living standards and aviation technology,public aviation has achieved great development,and the development potential of general aviation can not be underestimated.The national demand for civil aviation industry is increasing,but the flight space of aircraft is fixed and limited resources.Therefore,the problem of flight delay or even cancellation due to flow control often occurs.As an inherent resource of a country,airspace resources are scarce,which is the main factor restricting the development of civil aviation industry,especially the development of general aviation.For a long time,China’s airspace has followed the tradition and is mainly managed by the military.Due to the lack of legislation on airspace resources,there are some difficulties in the current situation of the use of airspace resources,such as unclear positioning of airspace itself,unreasonable airspace division,lack of flexibility of airspace management system and so on.However,through further analysis,it is revealed that the lack of airspace use legal system is the root cause of the above problems.Therefore,the most important thing is to build a scientific and reasonable legal system for the use of airspace resources in China.Although the construction of China’s legal system for the use of airspace resources has practical feasibility and great significance,China’s aviation legal system is not perfect,and there are many gaps in legislation and practice compared with foreign countries with developed international aviation industry,especially in the development of low altitude airspace and general aviation.On the basis of learning the experience of foreign advanced aviation legislation,combined with China’s specific national conditions,we need to first determine the establishment principles and legislative model of China’s airspace resource use system,and grasp the tone and value orientation of China’s airspace resource use legal system from a macro perspective.Then implement the system into legislation and improve the relevant aviation legal system.Finally,from the perspective of maximizing the use efficiency of China’s airspace resources,establish and improve the system of flexible use of China’s airspace resources.