摘要
Abstract
Under the system and mechanism where low-altitude airspace is owned by all of the people,it is essential to analyze the rights connotations and characteristics inherent in low-altitude airspace utilization based on a right-based paradigm rather than a power-based paradigm.The usage model for low-altitude airspace should be ultimately determined after a systematical study.According to the right-based paradigm,the utilization of low-alti-tude airspace represents an extension of the right to traffic into this domain.The property of being a freedom right inherent in the right to traffic in low-altitude airspace mandates that the state shall not restrict individuals'and entities'use of low-altitude airspace through paid means.Meanwhile,the weak competitiveness in its exercise directs the focus of low-altitude airspace resources towards full utilization rather than efficient allocation.Therefore,in principle,the use of low-altitude airspace should be gratuitous.However,exceptions to this principle exist:when low-altitude airspace overlaps with the upper airspace above a landowner's land and substantially affects the land use,compensation is required for the landowner's loss of space utiliza-tion.This constitutes compensatory paid use.Additionally,when low-altitude airspace is supplied in the form of flight slots and exclusive access to low-altitude airspace,the competitiveness in exercising the right to traffic in low-altitude airspace increases,necessitating the introduction of market compe-tition mechanisms to ensure equitable and efficient allocation of low-altitude airspace resources.This is competitive paid use.From the perspective of the right to traffic,the usage model for low-altitude airspace should adopt a composite approach,with gratuitous use as the general rule and paid use as the exception.This model not only safeguards freedom of low-altitude traffic but also balances rights and benefits in special scenarios and ensures effi-cient resource allocation.关键词
低空空域使用模式/无偿使用/有偿使用/权利本位范式/交通权Key words
utilization mode of low-altitude airspace/free use/paid use/rights-based paradigm/right to transportation分类
管理科学
