ISSN 1008-2204
CN 11-3979/C

中国低空经济发展促进法的理据与图景

Rationale and Vision of the Law on Promoting the Development of China’s Low-Altitude Economy

  • 摘要: 中国低空经济是一种跨度大、链条长的综合性经济业态,是新质生产力的重要组成部分。基于市场和政策的双轮驱动,中国低空经济立法应采取“领域法”范式,并积极回应技术驱动的特征。在立法理据上,应首先明确低空经济的概念内涵,确立平衡“放松”与“管制”的法律规制逻辑,并通过宪法教义学揭示该领域以飞行服务绝对安全为前提、以低空空域合理使用为基础、以营商环境持续优化为根本的整体法价值秩序。在立法图景上,中国低空经济发展促进法作为低空经济领域基本法,以保障与激励低空经济产业发展为核心目的,理念上坚持安全与创新的理性平衡,内容上重点关注对政府公权力配置的优化,并通过责任条款来实现公法与私法的机制协同。

     

    Abstract: Low-altitude economy is a comprehensive economic industry with a large span and a long chain, and is an important component of China’s new quality productive forces. Driven by both market and policy, Chinese legislation on low-altitude economy should adopt a paradigm of “sectoral law” and actively respond to the technology-driven characteristics. In terms of legislative rationale, it should first clearly define the connotation of the concept of low-altitude economy, establish a legal regulatory logic that balances “regulation” and “deregulation”, and reveal the overall legal value order in this field through constitutional doctrine, which is based on absolute safety of flight services, rational utilization of low-altitude airspace and continuous optimization of business environment. In terms of legislative vision, the Law on Promoting the Development of China’s Low-Altitude Economy, as the basic law for low-altitude economy, takes guaranteeing and stimulating the development of low-altitude economy industry as its core purpose, and maintaining the rational balance between safety and innovation as its legislative ideas. In addition, the Law on Promoting the Development of China’s Low-Altitude Economy focuses on optimizing the allocation of governmental public power and realizes the coordination between public law and private law through liability clauses.

     

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