ISSN 1008-2204
CN 11-3979/C

《民用航空法》修订专题笔谈

Special Forum on the Revision of the Civil Aviation Law

  • 摘要: 《民用航空法(修订草案)》立足行业发展需求,总结现行法律实施经验、聚焦实践问题,对现行《民用航空法》(2021年修正)进行了全面、系统的修订。为了深入探讨本次修法,笔谈邀请了来自高校、机场、航空公司以及行业科研院所的专家和学者,从不同视角出发,共同探讨修法过程中的重要问题。从理论与实践结合的角度,研究了该草案对全国空域资源的统一管理机制的规定、承运人责任制度体系的结构优化、通用航空发展立法支持与制度要求完善以及涉外关系法律适用规定的明确等内容;从行业运行的实践层面,分析了机场运营的分类管理以及公共基础设施属性和定位等重要问题,航空运输赔偿责任从“双轨制”向“双梯度”原则的演进,民用航空设备权利登记规则的完善与国际规则的衔接以及民用航空器事故调查规则的重要修改等;立足国家、行业发展的重点、热点,探讨了此次修法对低空经济发展的支持以及对“机闹”处置的职权分工与行为类别的明晰。希望通过这些研究与探讨,助力行业立法的完善,推动民航高质量发展建设目标达成。

     

    Abstract: The Civil Aviation Law (Draft Amendment) is a comprehensive and systematic revision of the current Civil Aviation Law based on the needs of the industry development, summarizing the experience of the implementation of the current law, and focusing on practical issues. In order to discuss the Draft in depth and gather the suggestions of experts and scholars, experts from universities, airports, airlines and research institutes have been invited to o discuss thos key issues in the Draft of from different perspectives based on their long-term research and work practice. From the perspective of combining theories and practices, they studied the provisions of the Draft on the unified management mechanism of national airspace resources, the optimization of the structure of the carrier liability system, the improvement of the legislative support and institutional requirements for the development of general aviation as well as the clarification of the provisions on the application of laws on foreign relations, etc. From the practice of the industry's operation, they analyzed the classification and management of airport operation and the attributes and positioning of public infrastructure and other important issues. It also analyzes important issues such as the classification and management of airport operation and the attributes and positioning of public infrastructure, the evolution of air transport liability from a “two-track system” to the principle of a “two-gradient system”, the improvement of the rules for registering the rights of civil aviation equipment and the convergence of international rules, as well as the important modifications to the rules for accidents investigation of civil aircraft, etc. Based on the key points of the country and civil aviation industry, and the national and industrial priorities and hot issues, the experts discussed the support of this amendment to the development of low altitude economy as well as the clarification of the authority and behavioral categories for the handling of unruly passengers. The experts not only affirmed the achievements of this amendment, but also put forward pertinent suggestions and recommendations based on their own research with a view to helping the industry to improve its legislation and jointly promote the goal of high-quality development of civil aviation.

     

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