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Low-Altitude Airspace Use Regulation Based on Low-Altitude Development Rights: Current Situation, Theoretical Foundations, and Institutional Framework
Author:SHI Chunhui, LIU Ze, YOU Xiao, ZHANG Yantuo, CUI Ying

Abstract: This study first analyzes the typical challenges in the development and use of low-altitude airspace in China from three dimensions: legal-theoretical basis, spatial planning, and refined utilization, and then systematically reviews relevant international experience in low-altitude airspace development and management. It further examines the origins, connotations, and practices of space rights, airspace rights, and spatial development rights, and identifies conflicts between space rights and airspace rights in the low-altitude economy in terms of object scope, sources of rights, legal nature and content, and subjects. On this basis, it proposes the concept of low-altitude development rights as a means through which public planning authority can guide low-altitude development activities. Finally, drawing on regulatory characteristics such as air-ground coordination, spatial hierarchy, spatiotemporal dynamics, and hierarchical authorization, the paper puts forward the general logic and basic framework for constructing a low-altitude airspace use regulation system. Its main contribution is twofold. Theoretically, it proposes low-altitude development rights on the basis of spatial development rights, using them as a conceptual bridge between space rights and airspace rights and as a legal reference for incorporating low-altitude development into territorial spatial planning and use regulation. Practically, it preliminarily constructs a framework for China's low-altitude airspace use regulation system and provides operational guidance for advancing such regulation.