Study On Legal Issues Of Near Space

In the field of social science,the surface space of the earth is divided into air space and outer space.Air space is the place where the aircraft stays,and outer space is the airspace where the spacecraft stays.They are entirely different in legal nature.The actions of aircraft in air space must comply with the adjustment of air law(air space law),and constrained by the territorial air dominion fundamental.The actions of spacecraft in outer space are regulated by the space law(outer space law),and the basic principle is free exploration.In the 21 st century,with the development of science and technology,the concept of near space has been paid attention to.Countries with more advanced aerospace technology have carried out a large number of development activities,but the international society has not yet legally regulated the near space.Therefore,it is of great theoretical significance and practical value to scientifically determine the legal status of near space and further consider the Chinese position of advancing legislation on near space.The current international legal system has not yet regulated the near space,which has brought great difficulties to the exploration and utilization of space.The problem of the space activity of aircraft in this field has not yet been resolved.There are different views on the legal nature of near space in the academic circles.The researchers focus on the debates that whether near space should convert to a legal from a technology concept and whether near space should become an independent space in law.International law has different characteristics at different stages of historical development.The internal motivation for the development of international law is the need to adjust the laws of countries based on their conflicts of interest.International law is essentially a formal expression of the external expression of national interests and policies.The development and utilization of near space have become a fact,but a lack of relevant international legislation that regulates near space and adjusts the interests of countries still exists.Near space should first become an independent legal concept,then relevant legislation should be adopted to explore and use it.Secondly,because the boundary between air space and outer space is unresolved,currently near space should be included in the category of air space in general.And endue near space the legal principles such as balancing interests,peaceful use,environmental protection,and international cooperation to ease contradictions and conflicts.On the whole,in the face of the status quo that the current international law order and rules need to be reshaped,international law strategy of China on neighboring space legislation is to pursue the maximization of national rights,requiring our country to actively participate in and guide the legislation work on neighboring space.Handle and balance the relationship between interests and justice,focusing on the realization of national interests and taking into account international justice.At this stage,China should enhance the study of the near space legal system on the basis of researching the near-space technology.And gradually improve the propositions and principles of the international law rules of the near-space.When conditions are ripe,it is possible to explore and promote regional practice in the vicinity of international law rules.