State Ownership Of The Radio Spectrum Resources Law Studies

Promulgation of Chinese Property Law declared the radio spectrum resource had become the object of state ownership with provision50and hence the legal position had also been formed by civil law. The way that law regulated radio spectrum within the concept of state ownership conceived people to believe that this special resource can be treated, such as electricity or energy or other natural power, as "property" in Civil Law. But according to the cognation of many civil scholars after the promulgation, A clear recognization of radio spectrum has not been reached both in legislative prospects and in theory research fields. Thus misunderstanding of its legal meaning could happen.In the professional domain of radio technology, the understanding of spectrum has also been changing and deepening.However, the immateriality of radio spectrum would be admitted by everyone.Nevertheless, the new International common theory inclined to consider radio spectrum as special natural resource.First Chapter of this thesis based on such theory and made a research on the speciality of radio spectrum,started from its psychological attribute, and analyze the necessity why law,especially Civil law, should regard radio spectrum as "property" with the understanding of its abstractness as resources. After the promulgation of Property Law, many scholars followed the official opinion and treated spectrum as "property in Civil Law" without doubt and accurate recognization of its particularity. This paper made the conclusion that radio spectrum should not belong to "property in Civil Law" with such analyze.Second Chapter of this thesis made a reflection on the current legislation and theoretical research of "National ownership" and analysis on necessity mention before, and pierced the veil of the so‐called "National ownership". This chapter also pointed out the reasons why Civil Law regulated radio spectrum as "property" were, in fact, that we were still influenced heavily by Soviet Union and confused the concepts of national sovereignty, public power, national ownership and the imperfect of quasi‐property theory,hence the utilizing right of radio spectrum was aliased as limited property right.In the Third Chapter, this thesis explored the current institution of the management and utilization of Chinese radio spectrum resources and provided improve advices on the management system with review of the status quo, combined with successful cases on the reform of radio spectrum system overseas, under the comparative clear understanding of its legal position.