构建中国航天器物权法律制度的功能考察与立法研究

作     者：FENG Guodong YAO Zine FENG Guodong;YAO Zine

作者机构：Legal Department of Shanghai Academy of Spaceflight TechnologyShanghaiChina Legal and Compliance DepartmentGreater ChinaMicro Port Sinica Co.Ltd.ShanghaiChina 

出 版 物：《Aerospace China》 (中国航天（英文版）)

年 卷 期：2023年第24卷第1期

页      面：41-47页

学科分类：0301[法学-法学] 03[法学] 030105[法学-民商法学(含：劳动法学、社会保障法学)] 

主　　题：regime for property rights of spacecrat registration of property right property rights of efcive pay-loads commercial space industry 

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 *** 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 *** 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 *** effectively promoted the commercial space development in the ***,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 *** 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 *** is recommended that establishment of the registration and exchange centers for property rights of spacecraft be considered in the cities of Beijing and *** 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 *** would drive China’s aerospace industry to be better integrated with the global aerospace *** of a registration