Aviation Legislation in CHINA · 2017-07-13 · The History and Recent Progress of the Aviation Legislation in CHINA Hao LIU Beihang University (BUAA) 1. Aviation Law: The Aviation

The History and Recent Progress of the

Aviation Legislation in CHINA

The History and Recent Progress of the The History and Recent Progress of the

Aviation Legislation Aviation Legislation in CHINAin CHINA

Hao LIU

Beihang University (BUAA)

Hao LIU

Beihang University (BUAA)

1. Aviation Law: The Aviation Law of PRC which is still in drafting period.

2.Civil Aviation Law: Civil Aviation Law of PRC which was promulgated by the Standing Committee of the National People’s Congress in1995.

1. Aviation Law: The Aviation Law of PRC which is still in drafting period.

2.Civil Aviation Law: Civil Aviation Law of PRC which was promulgated by the Standing Committee of the National People’s Congress in1995.

I. Present Situation of Aviation Industry in China

II. Present Situation of Aviation Legislation in China

III. Necessity of New Aviation Law

IV. Feasibility of the New Aviation Law

V. Relationship between the Aviation Law and the Civil Aviation Law

I. Present Situation of Aviation Industry in China

II. Present Situation of Aviation Legislation in China

III. Necessity of New Aviation Law

IV. Feasibility of the New Aviation Law

V. Relationship between the Aviation Law and the Civil Aviation Law

I. Present Situation of Aviation Industry in ChinaI. Present Situation of Aviation Industry in China

• Data of the Public air transport in 2009

• Number of the Transport aircrafst reached 1,417

• Number of Airports used for civil transportation reached 166;

• The total volume of air transport was 42.7 billion ton-km, increased 13.4%;

• Passenger transport hit 23 million, increased 19.7%;

• The cargo and mail transport reached 4.5 million tons, increased 9.3%

• Data of the Public air transport in 2009

• Number of the Transport aircrafst reached 1,417

• Number of Airports used for civil transportation reached 166;

• The total volume of air transport was 42.7 billion ton-km, increased 13.4%;

• Passenger transport hit 23 million, increased 19.7%;

• The cargo and mail transport reached 4.5 million tons, increased 9.3%

Beijing Capital International Airport hosted over 65 million passengers, ranking the third in the world and the first in Asia;

There were 14 airports for which the passenger throughput were over 10 million man-time in the whole year;

The annual operating revenue reached RMB 297.1bn and the total profits hit RMB12.2bn;

There were 1,235 domestic flight routes proceeding to 150 cities, and 297 international flight routes proceeding to 110 cities in more than 50 countries;

Till to the end of 2009 , China has entered into Air Transport Agreement with 112 countries.

Beijing Capital International Airport hosted over 65 million passengers, ranking the third in the world and the first in Asia;

There were 14 airports for which the passenger throughput were over 10 million man-time in the whole year;

The annual operating revenue reached RMB 297.1bn and the total profits hit RMB12.2bn;

There were 1,235 domestic flight routes proceeding to 150 cities, and 297 international flight routes proceeding to 110 cities in more than 50 countries;

Till to the end of 2009 , China has entered into Air Transport Agreement with 112 countries.

The total volume of air transport has ranked the second in the world for five consecutive years since 2005.

In 2010, China plans to purchase another 218 transport aircrafts and 25 airports are under construction.

It is estimated that China will possess 30,000 aircrafts and the sorties would exceed 20 million in 2020.

The total volume of air transport has ranked the second in the world for five consecutive years since 2005.

In 2010, China plans to purchase another 218 transport aircrafts and 25 airports are under construction.

It is estimated that China will possess 30,000 aircrafts and the sorties would exceed 20 million in 2020.

After 18 years of research and development, on March 23, 1998, the J-10 fighter made her

successful maiden flight.

After 18 years of research and development, on March 23, 1998, the J-10 fighter made her

successful maiden flight.

On May 11, 2008, Commercial Aircraft Corporation of China, Ltd. was incorporated.

On May 12, 2008, Premier Wen Jiabao issued the article Have China-made large Trunk Aircraft Soared in the Sky on People’s Daily

On November 28, 2008, ARJ21-700 regional aircraft made her successful maiden flight

On May 11, 2008, Commercial Aircraft Corporation of China, Ltd. was incorporated.

On May 12, 2008, Premier Wen Jiabao issued the article Have China-made large Trunk Aircraft Soared in the Sky on People’s Daily

On November 28, 2008, ARJ21-700 regional aircraft made her successful maiden flight

J-11 naval fighter made her successful maiden flightJ-11 naval fighter made her successful maiden flight

On March 18, 2010, the big-sized helicopter AC313 developed by China made her successful maiden flightOn March 18, 2010, the big-sized helicopter AC313 developed by China made her successful maiden flight

Some colleges with strong scientific research

concentrate on cultivating the aviation elite,

these colleges attach extreme importance to

cultivating the students’ ability of scientific

innovation and team leadership so as to make

talent reserve for the development of aviation

industry in China.

Some colleges with strong scientific research

concentrate on cultivating the aviation elite,

these colleges attach extreme importance to

cultivating the students’ ability of scientific

innovation and team leadership so as to make

talent reserve for the development of aviation

industry in China.In 2009, Beihang University won two

State Scientific and Technological

Progress Awards (First Class); Beihang

University not only keeps ahead in the

aspect of academic research, but aslo

designs and manufactures his own

aircraft, two missiles designed by the

undergraduate in Beihang University

launched successfully.

In 2009, Beihang University won two

State Scientific and Technological

Progress Awards (First Class); Beihang

University not only keeps ahead in the

aspect of academic research, but aslo

designs and manufactures his own

aircraft, two missiles designed by the

undergraduate in Beihang University

launched successfully.

Chinese USA Brazil

Number of GA aircraft 898 230,000 113,000

Ratio of civil aircraft 38% 97% 90%

Ratio of all aircrafts 13% 90%

Number of GA aircraft owned by one million people 0.5 743 56

GA airport and temporary takeoff and landing point 400(70 330) 16,800 2,500

Number of pilots 3,000 500,000 61,000

Annual flight hours 280,000 28,000,000 1,800,000

Ratio to civil aviation flight 8.7% 80%

Annual output value ¥1,790,000,000 $150,000,000,000

Contrast of

Present

Situation of

General

Aviation

Contrast of

Present

Situation of

General

Aviation

II. History and Present Situation of Aviation Legislation

in China

II. History and Present Situation of Aviation Legislation

in China

First regulation: Basic Rules for Flight 1955

Had been modified in 1977, 2001 and 2007.

The first and only one law in China is the Civil Aviation Law, which was adopted in 1995.

First regulation: Basic Rules for Flight 1955

Had been modified in 1977, 2001 and 2007.

The first and only one law in China is the Civil Aviation Law, which was adopted in 1995.

Military:

Chiefly based on the Basic Rules for Flight, they promulgated six military regulations on military aircraft and activities.

Civil Aviation

We have 11 types and 194 regulations for the administration on civil aviation, such as General Operation and Flight Rules, Regulations for the Nationality Registration of Civil Aircraft and Regulations on the Airworthiness of Civil Aircraft

Due to the unavailability of the unified laws for State aviation and civil aviation, the military and civil aviation respectively build a system within its own field, the standards regarding the aircraft airworthiness and Air control is unified, even some inconsistencies exist.

Military:

Chiefly based on the Basic Rules for Flight, they promulgated six military regulations on military aircraft and activities.

Civil Aviation

We have 11 types and 194 regulations for the administration on civil aviation, such as General Operation and Flight Rules, Regulations for the Nationality Registration of Civil Aircraft and Regulations on the Airworthiness of Civil Aircraft

Due to the unavailability of the unified laws for State aviation and civil aviation, the military and civil aviation respectively build a system within its own field, the standards regarding the aircraft airworthiness and Air control is unified, even some inconsistencies exist.

III. Necessity of Formulating the Aviation Law III. Necessity of Formulating the Aviation Law

In 2005, Chairman of the Central Military Commission Hu Jintao

made instruction regarding the tension of airspace for transport in

Beijing, Shanghai and Guangzhou, Air Traffic Control Bureau�Standing body of ATCC � accordingly formulated the General

Opinions Concerning the Settlement the Airspace in Beijing,

Shanghai and Guangzhou.

In 2005, Chairman of the Central Military Commission Hu Jintao

made instruction regarding the tension of airspace for transport in

Beijing, Shanghai and Guangzhou, Air Traffic Control Bureau�Standing body of ATCC � accordingly formulated the General

Opinions Concerning the Settlement the Airspace in Beijing,

Shanghai and Guangzhou.

In 2003, Lang Zhizheng, Counselor in Counselor‘s Office of the

State Council raised the proposal before Vice Primer Huang Ju,

who concurrently assumed the title of Director of National Air

Traffic Control Commission�ATCC � , to formulate the Aviation

Law of the People’s Republic of China.

In 2003, Lang Zhizheng, Counselor in Counselor‘s Office of the

State Council raised the proposal before Vice Primer Huang Ju,

who concurrently assumed the title of Director of National Air

Traffic Control Commission�ATCC � , to formulate the Aviation

Law of the People’s Republic of China.

A. The legislation of Aviation Law is the demand to safeguard the national aviation rights and interests.A. The legislation of Aviation Law is the demand to safeguard the national aviation rights and interests.

On April 1, 2001, Sino-US air collision event happened…On April 1, 2001, Sino-US air collision event happened…

B. The legislation of Aviation Law is inevitable requirements for the promotion of the development of aviation industry

B. The legislation of Aviation Law is inevitable requirements for the promotion of the development of aviation industry

C . The legislation of Aviation Law is the urgent demand to guarantee the safety of aviation C . The legislation of Aviation Law is the urgent demand to guarantee the safety of aviation

Satellite

Monitoring

Map of

Stalks

Burning

Satellite

Monitoring

Map of

Stalks

Burning

IV. Feasibility of Drafting the Aviation LawIV. Feasibility of Drafting the Aviation Law

I. The Central Government attaches great importance to the aviation law system

Wu Bangguo: Further strengthen the legislation and improve the legislation quality to constitute the legal system with Chinese characteristic socialism (Closing Session of the Ninth Session of the Standard Committee of the National People’s Congress )

I.I. The Central Government attaches The Central Government attaches great importance to the aviation law great importance to the aviation law system system

Wu Bangguo: Further strengthen the legislation and improve the legislation quality to constitute the legal system with Chinese characteristic socialism (Closing Session of the Ninth Session of the Standard Committee of the National People’s Congress )

On October, 2009, Zhang Dejiang, Vice Primer and the Director of ATCC explicitly propose in the “National Reform Seminar of Low level Air Space Management”:

We should work more hard to accelerate the

Legislation pace of the Aviation Law, to

manage the administrations work of

Aviation under the rule of Law at an early

date.

On October, 2009, Zhang Dejiang, Vice Primer and the Director of ATCC explicitly propose in the “National Reform Seminar of Low level Air Space Management”:

We should work more hard to accelerate the

Legislation pace of the Aviation Law, to

manage the administrations work of

Aviation under the rule of Law at an early

date.

II Legal and academic research provided solid academic backup.II Legal and academic research provided solid academic backup.

III. We can learn a lot from other countries' legislation experience. III. We can learn a lot from other countries' III. We can learn a lot from other countries' legislation experience. legislation experience.

V. Aviation Law and Civil Aviation LawV. Aviation Law and Civil Aviation Law

1. The existing Civil Aviation Law was initially named the Aviation Law in 1985, when the country decided to draft the law.

During the drafting period, because the military party does no want to be regulated by this law, then the drafting committee deleted all the contents related to military aviation activities.

At the end, before the law come to the standing committee of NPC, the name changed to Civil Aviation Law, only binding to civil aviation activities.

1. The existing Civil Aviation Law was initially named the Aviation Law in 1985, when the country decided to draft the law.

During the drafting period, because the military party does no want to be regulated by this law, then the drafting committee deleted all the contents related to military aviation activities.

At the end, before the law come to the standing committee of NPC, the name changed to Civil Aviation Law, only binding to civil aviation activities.

2. From 1996, when the Civil Aviation Law came into force, it is time to amend it in, but not limited to the following issues:

I. Safety management system

II. Deregulate market access restriction and supervision

III. Modernize the transport documentation

IV. Change the Carrier’s responsibility system to comply with the Montreal Convention.(M99)

V. Provide rules of Carrier’s responsibility insurance

VI. Change the Administrative and Criminal liability system to comply with other related laws, which had amended several times during the past 15 years.

2. From 1996, when the Civil Aviation Law came into force, it is time to amend it in, but not limited to the following issues:

I. Safety management system

II. Deregulate market access restriction and supervision

III. Modernize the transport documentation

IV. Change the Carrier’s responsibility system to comply with the Montreal Convention.(M99)

V. Provide rules of Carrier’s responsibility insurance

VI. Change the Administrative and Criminal liability system to comply with other related laws, which had amended several times during the past 15 years.

3. Key issues for the Drafting Committee to deal with

I. Classification and management of airspace

II. Establish an unified air traffic management organization or an efficient coordinating organization.

III. Unified basic airworthiness rules for state and civil aircrafts.

IV. Deregulate the low level airspace to promote the development of general aviation.

V. Establish the national aviation administration organization, clearly clarify its rights and responsibilities.

3. Key issues for the Drafting Committee to deal with

I. Classification and management of airspace

II. Establish an unified air traffic management organization or an efficient coordinating organization.

III. Unified basic airworthiness rules for state and civil aircrafts.

IV. Deregulate the low level airspace to promote the development of general aviation.

V. Establish the national aviation administration organization, clearly clarify its rights and responsibilities.

4. The DESTINY Aviation Law v.s. Civil Aviation Law4. The DESTINY Aviation Law v.s. Civil Aviation Law

The Drafting work is organized by The National Air Traffic Control Committee, which is highest coordination body in China.

The Members of the drafting committee includes the following sectors:

General Staff Headquarters, General Armament Department of PLA.

Headquarters of Air Force and Navy.

Civil Aviation Administration of China (MOT)

Representatives of Airlines and aviation industry

The Drafting work is organized by The National Air Traffic Control Committee, which is highest coordination body in China.

The Members of the drafting committee includes the following sectors:

General Staff Headquarters, General Armament Department of PLA.

Headquarters of Air Force and Navy.

Civil Aviation Administration of China (MOT)

Representatives of Airlines and aviation industry

VI. Recent Development of the Legislation on Aviation Law from 2008VI. Recent Recent Development of the Legislation on Development of the Legislation on Aviation Aviation LawLaw from 2008from 2008

On January 18, 2010, the drafting committee finished the first version of draft.

On January 18, 2010, the drafting committee finished the first version of draft.

� 1. General Provisions

� 2. Aviation Administration Authority

� 3. Airspace Management

� 4. Aviation Personnel

� 5. Aircraft

� 6. Aerodromes

� 7. Flight of Aircraft

� 8. State Aviation

� 9. Commercial Aviation

� 1. General Provisions

� 2. Aviation Administration Authority

� 3. Airspace Management

� 4. Aviation Personnel

� 5. Aircraft

� 6. Aerodromes

� 7. Flight of Aircraft

� 8. State Aviation

� 9. Commercial Aviation

Framework

and Structure

of the Draft

Framework

and Structure

of the Draft

� 10. General Aviation

� 11. Aviation Industry

� 12. Search and Rescue

� 13. Accident and Incident Investigation

� 14. Accident Compensation

� 15. Aviation Insurance

� 16. Aviation Management in Emergency Situation.

� 17. Legal Liability

� 18. Supplementary Provisions

Lobby work during the two sessions (NPC/CPPCC)

The National People’s Congress: (Legislative Body of China)

139 deputies submitted 2 motions and 2 proposal on the legislation of Aviation Law.

The Chinese People's Political Consultative Conference: (Top Advisory Body)

3 proposals

Lobby work during the two sessions (NPC/CPPCC)

The National People’s Congress: (Legislative Body of China)

139 deputies submitted 2 motions and 2 proposal on the legislation of Aviation Law.

The Chinese People's Political Consultative Conference: (Top Advisory Body)

3 proposals

Legislation Investigation and survey

The drafting Committee has finished the first stage of collection of Comments in April � 2010.

From May, 5th 2010, the Drafting committee began the investigation and survey in all sectors of the military aviation, military regions, the Ministry of Public Security, State Oceanic Administration, General Administration of Customs, Airlines, aviation industry enterprise, selective colleges, universities and scientific institutions;

In July 2010, the drafting committee will begin the visit abroad to seek help and advices.

Legislation Investigation and survey

The drafting Committee has finished the first stage of collection of Comments in April � 2010.

From May, 5th 2010, the Drafting committee began the investigation and survey in all sectors of the military aviation, military regions, the Ministry of Public Security, State Oceanic Administration, General Administration of Customs, Airlines, aviation industry enterprise, selective colleges, universities and scientific institutions;

In July 2010, the drafting committee will begin the visit abroad to seek help and advices.