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Advanced Space Law, Volume 3, 2019
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Chinese Space Law: Problems and Areas of Reforming
Olga Yeshchuk1
Doctor of Law, Associate Professor, Kherson State University (Kherson, Ukraine).
E-mail: eschyk-o@ukr.net
https//orcid.org/0000-0002-7458-1595
Anna Vasina2
Graduate student at the Public Law Research Institute,
Hangzhou Pendant Technology Co. Ltd (Zhejiang, China).
E-mail: annavasina1992@gmail.com
https//orcid.org/0000-0003-2280-8556
In the article, we have determined that China is a leading, but the only space state that does not have
a special space law. These activities are governed by the international norms-principles, international
treaties and by-laws of the government. We consider that such a procedure for regulating legal relations
in the space industry is illogical. We have revealed the contours of the future space law of China in the
article. We’ve noted that the signing of a Memorandum of Understanding on Space Cooperation with
Luxembourg will have a positive impact on the exploration and utilization of mineral resources from the
Moon and asteroids by Chinese space companies. At the same time, we have concluded that without the
adoption of a special space law, foreign investments in the Chinese space industry and space tourism
will be constrained.
Keywords: White paper, space, law, normative legal acts, legislation.
Received: December 21, 2018; accepted: February 27, 2019
Advanced Space Law, Volume 3, 2019: 140-150.
DOI:
Introduction
The problems of Chinese national space law is the central one, because China is a leading
space power, but does not have its own national space law. This contradiction constrains foreign
investments in the Chinese space industry and calls into question the transparent fullment
by Chinese space companies of their international obligations. There is very little scientic
literature on this issue, and the available one covers this problem only in the certain aspects.
© Yeshchuk, Olga, 2019
© Vasina, Anna, 2019
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China, as a leading space power, has made signicant progress in the exploration and
use of outer space, thanks to the strict centralization of scientic space research conducted
mainly by the military. At a certain stage in the development of space programs, this was
benecial. However, the military became the main obstacle to the adoption of Chinese civil
law to regulate space activities, as the theory of law objectively requires. Indeed, the economic
basis in the eld of research and use of outer space is far ahead of the legal superstructure in
this area. In addition, a signicant factor in the adoption of the law under consideration is the
implementation of the rule of law with Chinese characteristics in all spheres of public life. Its
acceptance has objectively matured.
The content of the article is structured as follows. First, we analyze the White Papers of
China’s space activities. Then our attention will be focused on the successes and plans of China
in the exploration and use of outer space. Particular attention will be paid to the current state of
national space legislation. At the end of the article, we will reveal the author’s understanding
of the basic principles of the future Chinese special space law.
White Papers on space activities as a basis
for China’s space law formation
In China, exploration and use of outer space are carried out in accordance with the so-
called Outer Space White Papers, which are adopted regularly (every ve years) by the State
Council of China in 2000, 2006, 2011, and 2016 [White Paper, 2017].
The successes and challenges of China in space exploration and use of outer space are
analysed, and plans for the next ve years are outlined in these books. In practice, the provisions
of these books are the principles on the basis of which all directions in the space industry are
developing, including the principles of national civil space law. The ambitious task of building
an advanced and developed cosmic power runs through them as the central theme.
It should be noted that China’s Space White Paper is not just a set of texts with generalizations
and space planning activities. This is the scientic and practical matter of building new China
as a leading space state, which considers space as an important tool for realizing the dream of
the Chinese nation, as an independent world leader in science and technology. The latest book
(2016) emphasizes that China lost its dependence on science and space technology in Russia
[Goh, 2017].
It should be understood that the legal and organizational factors of space activities are
subordinated to the overall national strategy development based on the principles of the rule
of law with the Chinese specics. The content of the rule of law in China is a closely related
triad: (1) the state of law; (2) the government of the rule of law; and (3) the society of the rule
of law [Jinping, 2017].
It is dicult for the European reader to understand the essence of the rule of law with
Chinese specics. However, let’s try to describe it briey. The rst thing to note is that the
theoretical thinking and practice of the Chinese rule of law is based on the theoretical postulates
of Marxism, not dogmatic, but taking into account the modern time and the Chinese traditions.
When the process of government is carried out in accordance with the law and on the basis
of Marxist theory of law and practice of a socialist legal state with Chinese characteristics.
After all, according to Chinese scholars, the rule of law in any country not only reects the
universality and community, but also the peculiarity and individual development of each state.
Such features include the specic legal culture of Chinese citizens and the understanding
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that the development of the rule of law cannot go beyond the stages of economic and social
development. At the same time, the Chinese principle of the rule of law has common features
with its Western understanding, namely that people are the basic essence of law. In the view of
Chinese scholars, in a democratic system, people do not exist for the law, but the law exists for
the people. The law is the embodiment of the will of the people [Feng, 2018].
The principle of rule of law under review proves that: rstly, it is the basis for the formation
of the national civil space law; secondly, it clearly proves that such a law should be adopted
by the National Assembly of China. After all, without it, it will be dicult to adhere to the
declared principle of the rule of law, with Chinese signs of values.
The White paper on space activities for 2016 also contains special principles for the
exploration and use of outer space, namely the principles of innovative development,
coordinated, peaceful, and open development.
Innovative development means that new discoveries and new technologies should become
the basis for the development of the space industry. The implementation of major space
research projects will stimulate space research and technology, support institutional reforms
that will contribute to the rapid development of the space industry [White Paper, 2017]. Based
on this principle, we justify the need to create a full-edged civil national space law. After all,
its absence hinders the innovative development of the space industry. It is in this area that a
strong and prudent institutional reform is needed.
Therefore, the Space White Paper for 2016 is a kind of Chinese constitution for the next
ve years, based on the general principle of the rule of law with Chinese features, on the one
hand, with the starting points for national civil space law on the other. The provisions of this
book provide an opportunity for national and international companies to be condent that
the use of outer space from China will be the rst to make a prot, and Chinese citizens will
become more auent through the eective use of outer space opportunities.
The impact of the latest research in the space industry
on the development of China’s national space law
Chinese scientists pioneered the creation of archaic rockets, which had been launched in
the early tenth century. Although the rst rocket in the modern sense was launched only in
1970, and the rst citizen of China was sent into space only in 2003. However, in the last
decade, there has been a dynamic and successful development of both the science and practice
of the Chinese space [Campbell, 2019].
Among the directions of successful space activity of the last decade are the following: rst,
the launch of space carriers. In recent years, Chinese missiles have taken the rst place in the
world in launching and putting into orbit high-reliability spacecraft.
Successful launches of space carriers, including private ones, require the transfer of these
programs from the military, which now launch missiles, into civilian structures. And the
Chinese civilian missile launch industry should be governed by open law (space law), not by
secret military orders.
Second, various articial Chinese satellites are successfully operating in the Earth’s
orbit, which by their purpose are divided into satellites: surveillance, communication and
broadcasting, navigation and positioning, and new experimental satellites, which are the
leading ways of testing new technologies.
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Third, the manned space program. In 1992, China dened a phased strategy for the
development of manned space from scientic experiments in orbit with unmanned spacecraft
and simulated manned ights to the rst successful ight (October 15, 2003)1.
Fourth, deep space exploration. The beginning of this study was in 2012, when the
Chang’e-2 space probe successfully monitored asteroid 4179 (Toutatis). The world’s largest
radio telescope has been already operating on the Chinese territory. China plans to carry out
a mission to Mars, send probes to asteroids, Jupiter and even Uranium. In December 2013,
Chang’e-3 made its rst soft landing on the surface of the Moon. In the future, China aims to
build a research station in the southern polar region of the Moon, as well as to create its own
large-scale space station [Campbell, 2019].
Fifth, the creation and reconstruction of cosmodromes. The company Wenchang Launch
Site held its rst launch from a new generation pad. The launch sites of three “old” cosmodromes
were also reconstructed [Guoli, 2016].
Sixth, the improvement of space telemetry. The Tianlian-1 Data Station system successfully
fullls its function of receiving data from satellites, such as altitude, charge of electrical
sources, temperature, and position in space. From this, ground stations get an idea of the
satellite’s operational readiness and payload. In China, TT&C stations of deep space coverage
were built and put into operation during this time. Constantly the quality of space telemetry,
tracking and command execution are being improved [Annual, 2008].
Seventh, the implementation of space programs for the use of earth observation satellites.
The programs are widely used for the needs of public administration, business and civil
sector to ensure the economic and social development of Chinese society. Communication
and broadcasting satellites have improved communication services. In particular, television
services, distance education and medicine. The emergency satellite communications system
has provided reliable support in the ght against oods and droughts and other emergencies.
The use of navigation and positioning satellites has simplied the operation of land and air
transport and has made it possible to forecast the weather more accurately. Taken together,
this will create a new business model for modern telecommunications technologies consisting
of satellite programs and the Internet. This has provided a variety of Chinese individuals and
legal entities with convenient and high-quality space-related services [Meng, 2018].
Eighth, the development of academic science. In the eld of academic research, Chinese
scientists use the latest space technologies, for example, the Shijiang-10 satellite was
successfully launched to detect particles of dark matter. Experiments were also conducted
using Chang’e lunar probes. The understanding of the mechanism of biological growth of
plants under conditions of space microgravity and intensive radiation has been deepened
[White Paper, 2016].
Ninth, solving space junk problems. Some progress has been made in monitoring and
mitigating the eects of space debris being left in space. National norms and standards in this
area have been deepened.
The leading role in the system of space activities rests on specialized research institutions.
For example, the Beijing Institute of Space Law Institute was established in 2006. It is one
of the rst specialized institutions for teaching and exploring space law in China. Since its
1 When the Chinese taikonaut Yang Liwei, having made 14 circles in the orbit, successfully returned
to the Earth. Thus, China became the third country in the world to master manned space flights. The
Shenzhou-9 and Shenzhou-10 spacecraft were launched, which were adapted to the Tiangong-1 space
station. In 2016, space laboratory Tiangong-2, Shenzhou-11 were launched. Now more than 10 Chinese
taikonauts have visited the space, including a woman.
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founding, with the support of academia at home and abroad, it has achieved considerable
success [Annual, 2008].
So, in recent decades, through the successful implementation of space programs, China has
become a leading space state, which is ranked at present as the rst in the world in all ways
of exploring and using outer space possible technologically. In other words, China has made
signicant strides in space exploration and exploitation. We conclude that the existing public
economic relations in China’s space industry are far ahead of national space law.
Space plans of China
According to the Chinese party and state leadership, space activities are one of the most
complex high-tech industries that have a huge positive impact on other industries. Space
activities have greatly enhanced human knowledge of space and have become an important
driving force for social progress. Currently, more and more countries are making the
development of space activities an important factor in their strategic choices. China is in the
forefront in this list.
The leaders of the People’s Republic of China (PRC) attach great importance to the
development of the space industry. Chinese scientists emphasize that currently 29 countries
have adopted national laws governing the space industry. However, the PRC is the only
country among space nations that does not have a special space law. Accordingly, accelerating
the creation of space legislation and new space technologies are the leading activities of the
Government of China and a way to realize the dream of the Chinese people in the space eld.
By 2049, China plans to become a rich and powerful nation, a leading space-power nation
that has mastered articial intelligence (AI) and developed extensively through innovative
technologies. Chinese President Xi Jinping said that China’s space program should play a
decisive role in achieving these interconnected goals. With this purpose, China’s Space
Program aims to create long-term wealth for the Chinese nation. Today, China’s space program
funding is $ 350 billion, and, as it is estimated, it would have reached $ 2.7 trillion by 2040.
This should ensure the signicant economic growth of the space industry and the prots of
Chinese space companies. For example, Chinese scientists argue that using useful resources
from just one platinum asteroid UW158, which ew 1.5 million miles from Earth in July 2015,
could bring to its developers about $ 5 trillion [Goswami, 2019].
In other words, the planning and implementation of space programs is a strategic factor in
the development of China for the next decades and an integral aspect of the future viability of
Chinese citizens.
Relying on space technology, the party and governmental institutions of the PRC carry
out complex measures, both in the real use of outer space and in propaganda in this eld.
For the latter purpose, a White Paper on Space Activity was published in 2016 stating that
China’s space program was an integral part of the national goals of economic renewal and
development.
On April 24, 2016, China ocially established and celebrated Space Day for the rst time,
which was founded in honor of the launch of the rst Chinese satellite on April 24, 1970.
A striking example in this area is also the words spoken by Xie Tao on the board of the
Tiangong-1 space station, who emphasized that the cosmic dream was part of the dreams of the
Chinese people who desire to explore the vast cosmos, develop the space industry, and build
China’s future in the cosmic state [Goswami, 2019].
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In 2020, a Chinese private company is about to send a reusable spacecraft for the rst
ight. Its largest version will be able to lift 20 people to a height of 130 km and provide them
with four minutes of weightlessness. Such ight will cost the tourist about 200-250 thousand
dollars. It is much cheaper than space companies of other countries charge for such a service.
For example, the rst space tourist paid Roskomos $ 20 million. It is logical that just in this
sphere of comic services more legal challenges occur but not nancial ones. After all, it is
necessary to regulate the legal status of space tourists and space taxi crew members; to state
their subjective rights and legal obligations clearly; to determine the legal responsibility of
each member of the space mission.
Authorities assure the world that China will have become the world’s leading global
econom by 2050. This forecast, in our view, is realistic based on the dynamics of China’s GDP
growth over the past ten years and the signicant increase in quality of complex industrial
products produced by Chinese business.
The Chinese economy and the Chinese people will need enormous natural resources. The
Chinese authorities are aware that their number on the planet Earth is limited, so their thoughts
were sent into outer space. After all, there is titanium, gold, silver, thorium, magnesium,
platinum, silicon, water, aluminum and iron. So, according to Chinese scientists, the Moon
can serve as a new and huge supplier of energy and resources to humans. China’s Chang’e
4 robotic complex is currently operating on the Moon. In the future, China wants to build a
permanent research station on the Moon, which will also become a territorial platform for
mining on asteroids. All these issues require legal support. After all, the future extraction of
natural resources by Chinese companies from space bodies, especially the Moon, is critically
viewed by space states, especially the United States.
Another challenge that requires legal regulation through the adoption of Chinese national
space law is the active development of private space companies. For example, a private Chinese
company LinkSpace plans to launch a rocket by 2020 that is capable of vertical takeo and
vertical landing. Other space companies also operate in this market, and the fact that China’s
private space companies have already foreign clients brings China not only private investment
in the space industry, but also convinces the market that such enterprises are an existing reality
for this country [Demchenko, 2018]. In this direction, there is an ambitious plan of Chinese
space scientists. In 2021, they want to launch a mission that will “saddles” a small near-earth
asteroid in 2025 [Zyryanova, 2018].
Therefore, space plans are large in China, where governmental institutions raise the issue
of developing space exploration and growth as a strategic goal of the Chinese nation. The
global goal is to build a cosmic state in the medium and long term. Such a state should not
only provide advanced satellite communications, navigation, analysis of natural and man-
made situations on the Earth and manned astronautics, but also provide its industry with useful
resources from space bodies (the Moon, asteroids).
Current legal regulation of China’s space industry
Analyzing the current legal regulation of China’s space industry, it is impossible to ignore
some special aspects of the theory of law that distinguish it from the similar Western one. The
dierences between Chinese socialist theory of law and other legal theories are as follows.
First, the point of view of historical materialism is adhered, in which the right is a
superstructure over economic relations of a certain level. The law may not exceed the level of
development of socio-economic conditions.
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Second, it is the class nature of law, through which the ruling class corrects social relations.
Third, the law must be developed simultaneously with the development of society. In general,
Chinese scientists understand the law as social rules of conduct, which are formulated or
recognized by the state, and reect the will of the state, determine the rights and obligations of
persons and are guaranteed against violation by the coercive force of the state [Chunying, 2015].
At the same time, the hierarchy of Chinese legislation is dened almost as in the western
countries. At the top of the hierarchy of legal norms is the Constitution, followed by the laws
of China And the third stage is occupied by the administrative and legal regulations of the State
Council. The lowest level of Chinese law is the subordinate regulations of ministries and local
authorities. A separate line deals with international treaties ratied by the National Assembly of
China.
Given these factors, and the fact that China does not have a national space law, that country
is a unique leading space state that has made signicant progress in the exploration and use of
outer space.
However, the lack of formal national civil space law, in our opinion, does not mean that
there is no legal regulation in the eld. It is clear that this can not by so. Without the regulation
of important rules of social life with the help of legal norms it is impossible to achieve success
in any eld.
In our view, special rules for space-based activity in China have existed since the inception
of the space industry. However, they are secret. Since the use and exploration of outer space in
China was initially carried out by the military exclusively, despite the penetration into this area
the civilians and even individuals, it continues to be carried out under a military umbrella.
We came to this conclusion by analogy, since China does not disclose its organizational and
management documents, which are devoted to the military space, namely, by analogy with the
Soviet space program. For example, in 1946, the Council of Ministers approved the state missile
program, and its implementation was carried out by the Ministry of defense of the USSR. For
its implementation within the framework of the armed forces, a military research Institute — the
state Central training ground in the city of Kapustin-Yar of the Astrakhan region of Russia was
formed. Almost all the employees of this training ground were military, and their activities were
regulated not by civil legislation, but by the statutes of the armed forces and orders of the Ministry
of defense of a normative nature. At the same time, the development of long-range missiles was
carried out directly under the supervision of the Ministry of state security of the USSR, and
funding was carried out at actual costs without limiting the size [USSR, 2011]. Indirectly, the
analogy of this case is conrmed by the theses of some Chinese scientists who note that the main
obstacle to the adoption of Chinese civil space law is the military [Li, 2012].
However, for fairness, it should be noted that the Chinese military industry also publishes
some of its regulations, namely the State Council and the Central Military Commission of China
issued a joint resolution of October 22, 1997, which approved the Regulation on Export Control
of Military Goods. This provision also applies to the export of military space products. The state
Council of China on August 22, 2002, adopted a resolution approving the rules of law on export
control of guided missiles and the list of related items and technologies to be exported [Does,
2016]
This dominance of the closed military norms of space law leads to the fact that the
Directorate of the International space Agency believes that now in China there are no legislative
or administrative-legal norms, which in their essence are the norms of the national space law
[Does, 2016].
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What with we cannot agree in full, because there are two special low-level regulations in
China. They regulate the issues of launching and registering space objects.
The Commission for Science, Technology and Industry for National Defence (COSTIND),
together with the Ministry of Foreign Aairs, adopted a resolution on 8 February 2001,
which outlines measures for the administration of space objects registration. According to
this regulation, space objects launched for the purpose of exporting resources to space and to
celestial bodies must be registered. The registration rules apply to all space objects launched
from China and space objects jointly launched with other countries.
The second by-law of China’s national space law is the provision of November 21, 2002,
approved by COSTIND. It sets out temporary arrangements for managing the licensing of
civilian space launch projects and the examination and licensing process for civilian space
launch projects [Does, 2016].
In addition, there are quite sophisticated rules of space law in China that reduce space
debris, which is positively emphasized by the International Comic Agency Directorate.
These rules are approved by a by-law — the Space Administration of Science, Technology
and Industry for National Defense, as a space debris action plan [Does, 2016].
In general, as the Chinese scientist Xiaodan Wu rightly pointed out, China’s space
regulation is governed by the general norms and principles of the international space law,
international space treaties, and executive regulations [Wu, 2019]. We would also add that
closed rules of еру military occupy a leading place in this regulation. Scientist explains
this peculiarity of legal regulation of China in terms of historical, political, legal and
administrative directions of the country’s development.
Therefore, the regulation of the Chinese space industry is not based on a national special
space law, but rather on the basis of low-level civil by-laws and closed-ended military
regulations. Thus, it is unbaked that China’s national space law is underdeveloped compared
to the state’s space capabilities. Thus, it is undisputed that China’s national space law is
underdeveloped compared to the state’s space capabilities.
However, the need to regulate space relations at the national legislative level is
understood by both the Communist Party leadership and the Chinese government. This is
justied by the need to introduce the rule of law with Chinese specicity in all spheres of
society and to fulll the international commitments to improve governance and transparency
in the international cooperation. The space law was included in the ve-year legislative plan
of China’s National Assembly but it has not been adopted, since a major problem in the
adoption of this law is that the leading role in the space activities of modern China is played
by the military [Wu, 2019]. In our view, they do not want to lose their leading position in
the space industry, have a large lobby in the National Assembly of China and therefore delay
the adoption of this law.
Despite the fact that there is no national space law in China, doctrinal developments of
Chinese scientists in the eld of space law are carried out. Thus, the monograph “Special
Study of the Theory and Practice of the Development of Chinese Space Law” [Study, 2019]
is a comprehensive study of the problems of the space industry faced by Chinese society. In
particular, the paper deals with the issues of legal regulation: satellite navigation systems;
manned ight systems; the status of astronauts; space protection of intellectual property in
space stations; rules of trade in space technologies and space products; protection of Chinese
space products; rules of development of space tourism, international legal specications of
space tourism; rules of research and development of natural resources on the Moon.
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As it has been already mentioned, in addition to the national regulations, international
treaties are used to regulate the space industry. In particular, China has signed a Memorandum
of cooperation in the space eld with Luxembourg, the state, that codied the law that gives
space companies the right to extract minerals from space bodies (a similar law was adopted in
the US) [Arcesati, 2019].
Thus, China is the only space power that does not have its own space law. Regulation
of public relations in the eld of exploration and use of space is carried out on the basis
of the international norms-principles of space law, international treaties and by-laws of the
executive bodies of the People’s Republic of China. However, the governing bodies of China
and scientists insist on the need to adopt a national space law, which is probably opposed by
the military, who are lobbying their corporate interests, in our view.
China’s future space law. Basic outlines
The creation of a complete system of national space law is based on the specicity of the
socialist strategy of Chinese society, built on the principle of the rule of law.
The Nineteenth National Congress of the Communist party of China on October 18, 2017
put forward a strategic plan for the rule of law in the new era of socialism with Chinese
characteristics [Xi, 2017].
The decisions of this congress emphasize that peaceful use of outer space is a consistent
national policy of the People’s Republic of China, respectively, there is an urgent requirement
to rene and adopt a space law that should [Xi, 2017]:
1. Become the most important legal factor in the regulation and development of China’s
space activities.
2. Comply with the norms of the International Space Law, as well as the current national
legislation, in particular: on national security, on state secrets, on the principles of civil
law, on legal responsibility, as well as to be correlated with the norms of patent and civil
procedure law.
3. Standardize and regulate all aspects of aerospace activities.
4. Introduce a system of public administration, licensing, registration of space objects and
compensation for losses caused by comic.
5. Regulate the legal status of space infrastructure facilities.
6. Promote further industrialization and commercial development of space services.
7. Meet the needs of economic, scientic and technological development, national security
and social progress of Chinese society.
8. Strive to increase China’s overall national potential.
In addition, it is necessary to approve a mechanism for public administration, ecient
allocation of resources, and funding for space projects in this law. Most importantly, it should
spell out the rights, responsibilities and responsibilities of the parties involved in space
activities. It should solve the problem of general planning, division of labor and resources, and
cooperation. It should involve commercial resources and commercial companies in China’s
space industry.
However, the law should spell out the right of PRC to self-defence in accordance with the
Charter of The United Nations. China’s basic position on space security should be claried.
The category of “red line”, for which other space powers should not pass, was introduced into
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the legal circulation. Also, a signicant role in the law should be given to the protection of
outer space from space debris [Wang, 2018].
If to analyze the provisions of the Nineteenth National Congress of the Communist Party of
China on the basic contours of the newest national space law, we come to the conclusion that
its scope will be the rules of law that should regulate space activities. These norms will include:
the content of space activities; the limits of China’s national jurisdiction in space; the ratio
of international and national jurisdiction; the legal status of space entities, including public
authorities; issues of registration of space activities and space objects; rules for launching
rockets and space objects into outer space, their exploitation and their return to the Earth.
Therefore, the core of the social interests of Chinese society is space activity. The outer
expression of space law will be the leading national rules of space law. This law will apply to
the entire territory and to all public authorities, all Chinese citizens and any space and related
companies incorporated in China.
Conclusions
The article reveals the past, present, and the authors vision of China’s future space law.
The leading conclusions of the article are the facts which state that without adopting a special
space law:
rstly, the fundamental principles of the existence of modern China will be violated — the
introduction of the rule of law with Chinese characteristics in all spheres of public life;
secondly, foreign investment in the Chinese space industry will be restrained;
thirdly, international partners will have doubts about the transparency of the activities of
Chinese space companies.
In future works the legal instruments of the future Chinese space law will be analyzed.
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Does International Space Law Either Permit or prohibit the taking of Resources in outer
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