Research On Several Legal Issues In The General Aviation Development Of China

In recent years,with the development of our country’s economy and society,especially the great development of the public transport aviation,China has become stronger in aviation industry,but not yet a aviation super power.In order to build a strong aviation nation,the Chinese government strongly encourages the development of general aviation,however after several years practice,we have found out that there are many problems on the way to become a competitive aviation power.There are many reasons behind those problems,including China’s economic and social development level still needs to be improved,general aviation consumer market demand cultivation is not enough,general aviation infrastructure construction is insufficient,general aviation talent shortage,general aviation investment enthusiasm is not high,and other reasons.At present,China’s general aviation related laws,policies,and regulations exists problem of "low lever,lower concentration,low power".That is,the lack of top-level laws,scattered and numerous policies in different departments,and low legal status.At the same time,few academic researchers and legal practitioners pay attention to the general aviation legal system,and the corresponding research results are few.In particular,several important issues related to general aviation,such as the opening of low-altitude sky,general aviation flight safety assurance,general aviation flight accident prevention and solution,general aviation enterprise establishment and operation regulations are too general.All these are the fundamental problems that are hampering the growth of general aviation.This thesis will focus on studying of these fundamental legal issues mentioned above.By means of empirical research,literature study and other methods,combined with the author’s experience in the practice work as a lawyer,this paper studies the factors affecting the development of general aviation in China.In term of the paper structure,this paper is composed of an introduction,a conclusion and five chapters.These five chapters are: the basic concept and classification of general aviation,the legal origins of general aviation laws and regulation,the outstanding problems existing in China’s general aviation laws and regulations,the reference of other countries’ general aviation legal experience,and the suggestions to address these problems.The main contribution of this paper is to fully explain the definition of general aviation at home and abroad so that the reader can grasp this unfamiliar concept in a short time.Although the development of general aviation is a hot topic and an industry supported by the government,the author thinks it’s development shall not being pushed too fast and too urgent.The author sincerely believes that we should first improve laws and regulations;Considering the current situation of China’s large population but low consumption capacity,and we shall allow more time to cultivate the general aviation consumer group;Low-altitude sky openness should be combined with the carefully consideration of flight safety.And overall the author suggest to hold a prudent development strategy to the general aviation in China.The author’s view,though seems against with the prevailing view of enthusiastic developing of general aviation,it is summarized based on the practical lessons from the author’s practical work.The author hopes that such prudent attitude and suggestion will make a contribution to the development of general aviation in China.