科研之友
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摘要
A legal regime for property rights of spacecraft in China is of great significance for expanding new-types of international collaboration and promoting commercial space development in China. China has so far yet to establish the relevant legal regime that governs the property rights of spacecraft, this has therefore resulted in the lack of rule and fundamental law with respect to domestic commercial space development and international space collaboration. In contrast, under legislation, the legal regime of property right registration for commercial spacecraft was introduced by Congress in the United States of America(the U.S.A.) in 1984. This effectively promoted the commercial space development in the U.S.A. Similarly, the Civil Code of the People’s Republic of China(effective as from January 1, 2021) has specified a legal regime of property right registration for aircraft and ships thereby having effectuated the flourishing development of China’s aviation and maritime industries. Constructing a legal regime for the property rights of spacecraft in China is meant to include but not be limited to the establishment of registration regime of property rights, a distinct regime of ownership, and a registration regime for mortgage and financial leasing in connection with spacecraft. It is recommended that establishment of the registration and exchange centers for property rights of spacecraft be considered in the cities of Beijing and Shanghai. These would operate as centers managing the property right registration and transaction settlement associated with spacecraft along with their effective payloads so as to create the formation of a transaction mechanism for domestic spacecraft and their effective payload applications, thus providing a legal basis for activities such as financing, investment and transfer of ownership, involving spacecraft developed in China. This would drive China’s aerospace industry to be better integrated with the global aerospace market. Formation of a registration regime for property rights of spacecraft in China is advised to take into account a variety of legislation modus such as mandatory registration, optional registration, a mechanism taking effect as a result of registration or against a third party as a result of registration or with a coverage of certain crucial legislative aspects specifically the registration body, registration subject, registration type, validity of registration, types of right, etc.
