ISSN 1008-2204
CN 11-3979/C
CHEN Xuejun. On Rights to Use Low Altitude Airspace in the Content of Low Altitude Open-up Policy[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2016, 29(1): 47-57. DOI: 10.13766/j.bhsk.1008-2204.2015.0461
Citation: CHEN Xuejun. On Rights to Use Low Altitude Airspace in the Content of Low Altitude Open-up Policy[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2016, 29(1): 47-57. DOI: 10.13766/j.bhsk.1008-2204.2015.0461

On Rights to Use Low Altitude Airspace in the Content of Low Altitude Open-up Policy

  • Low-altitude airspace reform in China has reached the most crucial stage. At this moment, the reform should change from public management mode to mode of private rights. Establishing people's rights to use low-altitude airspace will contribute to constraint power of intervention from the government on the one hand; on the other hand will provide a theoretical support to the current reform of "civil-military co-management". State ownership of airspace is merely a declaratory right in public law. In the sense of private law, it should be considered as equivalent to "public goods" in Roman law. Therefore, rights to use low-altitude airspace are not conflict with the state ownership of airspace.
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