On The Regulation Of Importation Of Civil Aircraft

In today's world, the air transportation is developing rapidly at an unprecedented rate, together with the air transportation enterprises all over the world pursuing for high efficiency of delivery and higher power of civil aircraft, importation of civil aircraft will be more and more. China, as one of the fastest-growing developing countries in the current world economy, the air transportation is also booming. Sustained and rapid development of civil aviation has made important contributions to the reform and opening up, economic and social development in China. The "Agreement on Trade in Civil Aircraft" is to pursue liberalization of trade in civil aircraft and to require parties not to use approaches inconsistent with WTO. At the same time, importation of civil aircraft has relations with the country's foreign relations and foreign trade policy, civil aviation security and economic benefits, the development of the domestic aviation industry and other major issues. Because it is a plurilateral agreement, many countries don't take part in which for reasons of national security and other economic considerations and set up a regulation system for importation of civil aircraft. How to coordinate the relationship between these two aspects and manage the importation of civil aircraft effectively has become to be our concern.This article consists of six parts, near 40,000 words. It adopts a comparative research method and a historical research method to study the regulation of importation of civil aircraft.The first section is the basic theory. It studies the basic concepts and legal characteristics of civil aircraft and the history of the legal system of regulation of importation of civil aircraft .Civil aircraft is a special property with a quasi-human attribute. It points out the problems about the regulation of importation of civil aircraft. The author thinks the legal system will develop along with the socio-economic developmentThe second section discusses the regulatory institutions and their functions, which divides the regulatory institutions into professional regulatory institutions and comprehensive regulatory institutions. The professional regulatory institutions are the civil aviation authority of different countries, which supervise the importation from the perspective of the civil aviation safety and capacity of the transportation. The comprehensive regulatory institutions supervise the importation from the perspective of the foreign trade and import tariffs. The third section focuses on the legal system of the qualifications and the classification of importers, which are public air transport enterprises, general aviation transportation enterprises, other organizations and individuals. The author points out importers should have the general qualifications of foreign trade operators, and the section analyzes the special qualifications of the public air transportation enterprises and the general aviation transportation enterprises from entitative and procedural perspectives.The fourth section explores the import licensing system. It discusses the import licensing system of civil aircraft under the framework of WTO, the examining and approval system of the import project and the import licensing system. It analyzes the basis and content of the examining and approval system of import project. The legal characteristics and basis of import licensing are studied. The author points out that the approval system leads to the existence of excess capacity, and the autonomy of importer is not enough. Finally, the author proposes to modify and improve the system.The fifth section discusses the system of subsidies and countervailing. First of all, it analyzes the system of subsidies and countervailing under the framework of WTO, the "Protocol on Subsidies and Countervailing Measures" and "Agreement of the Trade in Civil Aircraft" .Several well-known cases are listed in the section. It analyzes Chinese subsidies of large aircraft project from the legal perspective. The countervailing measures have less function on the regulation of the importation of civil aircraft. The author points out how to learn foreign experience and develop our civil aviation.The sixth section discusses the system of import tariffs. It explores the essential elements of import tariffs, the system of import tariffs under the framework of WTO, the system of import tariffs in China and abroad. It points out that import tariffs of civil aircraft in China is too high, and we should reduce the import tariffs of civil aircraft.