The Legal Status And Development Principles Of Near Space

At the beginning of the 21^st century,the near space emerged,which made a milestone significance to the human space development process.The near space is different from the traditional meaning,and attract worldwide attention due to its important development and application value.However,the legal status and legal regulation of the near space is ambiguous,which has caused the practical difficulties in the development and utilization of the near space.On the one hand,it hinders the research process,one the other hand,it threatens the peaceful development and utilization of space.Based on this,this paper intends to make a preliminary study on the legal status of near space,and puts forward the suggestions of development principles.This paper includes six parts:introduction,summarization of near space,legal status of near space,development principles of near space,China's position and countermeasure,and conclusion.The mean content as follows:The first part is summarization of near space,points to the feature and application status of near space.This paper argues that the near space is apart from the ground20¹00km airspace,its unique space environment and space position make it has strong research value and practical value in the reconnaissance and early warning,communications relay and air transport.The second part is legal status of near space,points to the uniqueness of near space environment and its craft,and attempts to endow the unique legal status for near space.This paper compares the difference between near space and air space,near space and outer space,thinks that the physical properties such as atmospheric stratification,temperature and atmospheric pressure are unique in the near space.These differences will affect the flight trajectory,dynamics,structure,original,material and flight performance of the near space craft,so the near space craft is also different from the traditional aircraft and spacecraft.At the same time,based on the relationship between the space and human's understanding and the technology,this paper thinks that the near space is public area instead of airspace,and it also not belong to the outer space,it should have independent legal status.The third part is development principles of near space,points to the legal principle of near space application.Based on the existing international space law principles,this paper proposes the legal principle that the near space should be applied.Such as the principle of peaceful use of near space,principle of sharing near space benefit,the principle of strict liability of near space,the principle of national supervision and management in the near space.The fourth part is our Country's position and countermeasure.By thinking about the present situation and future of the near space,this paper put forward the strategy,such as China should establish a scientific and comprehensive approach to the development and utilization of near space,promote the international legislation of the near space and strive for the leading power and adhere to the cooperative development as the theme of the near space foreign policy.