Research On Legal System Of Airspace Resource Management In China

Since the reform and opening up, with the rapid development of China’s economy and the continuous improvement of people’s living standards, the demand for civil aviation transportation is also growing. However, a substantial increase in the amount of flights at the same time, there have been a large number of flight delays, and this phenomenon is becoming increasingly serious. Investigates its reason, mainly is because with the rapid development of air transport industry, the number of flights is growing fast, leading to limited areas of flight air that airspace resources has been far from enough to meet demand of civil aviation, civil aviation airspace resource shortage problem is getting increasingly serious. How to further improve and perfect the legal system of airspace resource management, realize the reasonable development and effective utilization of airspace resource, has caused the world aviation developed countries attach great importance to and has become China is in urgent need to study and solve the problem.In this paper, based on the provisions of the laws and regulations and legislation idea of China s law on protection of natural resources, through access to a large number of domestic and foreign literature data and the actual survey data, comprehensive use of literature study, comparative analysis, investigation and study and summing up several basic legal research methods, put forward the innovation of airspace is a kind of special natural resources view and analysis science reasonably develop and make good use of airspace resources to promote the important role of civil aviation industry and the economic and social development. Through the analysis of foreign airspace resource management system and the reform process, combined with the status quo of China’s airspace management, analysis of the problems and reasons of China’s airspace management still exist in the legal, institutional and regulatory is the existence of the problem leads to the waste of space domain resources in China has been greatly and the development and utilization of low efficiency, unable to meet the need of the rapid development of the domestic civil aviation transportation industry.Based on the analysis on the investigation, this paper from the following three aspects: the airspace management reform and improvement in the field of law, should be formulated and promulgated a set of complete and detailed airspace management authority, clear attribute of natural resources restricted airspace, airspace management subject, the development of industry standards and communication and coordination mechanism, scientific provide a legal basis for the efficient development and use of airspace resources; in the system, should be the relationship between the overall planning of economic and social development and national security, the establishment of military aviation and civil aviation coordination mechanism, strengthen military aviation and civil aviation communication and collaboration, open airspace resources more for civil aviation; in control, to further the scientific classification of existing airspace optimization, using new technology and equipment, increase airspace resource development, improve the comprehensive spatial resources Utilization ratio. At the end of this paper, from the concept of national natural resources protection law legislative angle and national defense and economic and social development as a whole of draw lessons from the successful management experience of countries such as the United States and India’s reform process, sound of the main obstacles that may be encountered in the process of legal system and the reform of the airspace management system, and analyzes the institutional barriers are hidden behind the deep-seated reasons for analysis. Break system obstacle method has been put forward through the reference of foreign advanced experience, this paper through analysis and demonstration, and that spatial resource management reform is a reform of civil aviation and military aviation win-win, is feasible.