隐藏关联资料 下载 打印 页内检索 字体 关闭
 
【法规名称】涓崕浜烘皯鍏卞拰鍥芥皯鐢ㄨ埅绌烘硶
Civil Aviation Law of The People's Republic of China
【发布时间】19951030
【实施时间】19960301
【颁布部门】鍏ㄥ浗浜烘皯浠h〃澶т細甯稿姟濮斿憳浼 Standing Committee of the National People's Congress锟斤拷
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
 
Civil Aviation Law of The People's Republic of China
order of the President of the People''s Republic of China No.56
銆銆The Civil Aviation Law of the People''s Republic of China which has been adopted by the 16th Meeting of the Standing Committee of the Eighth National People''s Congress on October 30, 1995 is promulgated now, and shall enter into force as of March 1, 1996.
President of the People''s Republic of China: Jiang Zemin
October 30, 1995 Civil Aviation Law of the People''s Republic of China
Contents
Chapter I General Provisions
Chapter II Nationality of Civil Aircraft
Chapter III Rights of Civil Aircraft
Section 1 Basic Principles
Section 2 Ownership and Mortgage of Civil Aircraft
Section 3 Civil Aircraft Liens
Section 4 Lease of Civil Aircraft
Chapter IV Airworthiness Management of Civil Aircraft
Chapter V Airmen
Section 1 Basic Principles
Section 2 Crew
Chapter VI Civil Airport
Chapter VII Air Navigation
Section 1 Airspace Management
Section 2 Flight Management
Section 3 Flight Support
Section 4 Essential Documents for Flight
Chapter VIII Public Air Transport Enterprise
Chapter IX Public Air Transport
Section 1 Basic Principles
Section 2 Transport Documents
Section 3 Liability of the Carrier
Section 4 Special Provisions Governing Air Transport Performed by Actual Carrier
Chapter X General Aviation
Chapter XI Search and Rescue and Accident Investigation
Chapter XII Liability for Damage to Third Parties on the Surface
Chapter XIII Special Provisions Governing Foreign Civil Aircraft
Chapter XIV Application of Law to Foreign-related Matters
Chapter XV Legal Liability
Chapter XVI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to safeguarding the national sovereignty of territorial airspace and the rights of civil aviation, to ensuring the conduct of civil aviation activities in a safe and orderly manner, to protecting the lawful rights and interests of the parties concerned in civil aviation activities, and to promoting the development of civil aviation industry.
Article 2 The airspace above the land territory and territorial waters of the People''s Republic of China is the territorial airspace of the People''s Republic of China. The People''s Republic of China has complete and exclusive sovereignty over its territorial airspace.
Article 3 The competent civil aviation authority under the State Council exercises unified supervision and administration over civil aviation activities in the whole country: issues regulations and decisions concerning civil aviation activities within the scope of its authority in accordance with laws and the decisions of the State Council.The regional civil aviation administrative organs set up by the competent civil aviation authority under the State. Council supervise and administer the civil aviation activities in their respective regions in accordance with the authorizations of the competent civil aviation authority under the State Council.
Article 4 The State supports the development of civil aviation industry, and encourages and supports the progress of scientific research and education in the field of civil aviation and the improvement of civil aviation science and technology.The State supports the development of civil aircraft manufacturing industry so as to provide safe, advanced, economical and suitable civil aircraft or civil aviation activities.
Chapter II Nationality of Civil Aircraft
Article 5 "Civil aircraft" as referred to in this Law means aircraft other than those used in flight missions of military, customs and police services.
Article 6 A civil aircraft performed its nationality registration with the competent civil aviation authority under the State Council of the People''s Republic of China according to law has the nationality of the People''s Republic of China, and shall be issued a nationality registration certificate by the competent civil aviation authority under the State Council.The competent civil aviation authority under the State Council shall set up a Civil Aircraft Nationality Register of the People''s Republic of China to exclusively record matters concerning nationality registration of civil aircraft.
Article 7 The following civil aircraft shall perform nationality registration of the People''s Republic of China:
(1) The civil aircraft of a State organ of the People''s a Republic of China;
(2) The civil aircraft of a corporate enterprise set up in accordance with the law of the People''s Republic of China; if such corporate enterprise has foreign investment in its registered capital, its organizational structure and composition of personnel, and the proportion of contribution of Chinese investor shall conform to the provisions of administrative rules and regulations;
(3) Other civil aircraft, the registration of which is approved by the competent civil aviation authority under the State Council.Where a civil aircraft was leased form abroad, the lessee being in conformity with the provisions of the preceding paragraph, and the crew of the civil aircraft is provided by the lessee, the latter may apply for the nationality registration of the People''s Republic of China, provided that the original nationality registration of such aircraft has been cancelled.
Article 8 A civil aircraft which has acquired the nationality of the People''s Republic of China according to law shall display the specified nationality mark and registration mark.
Article 9 A civil aircraft shall not possess dual nationality. Application for the nationality registration of the People''s Republic of China shall not be filed for a civil aircraft which has not cancelled its nationality of a foreign country.
Chapter III Rights of Civil Aircraft
Section 1 Basic Principles
Article 10 The rights to a civil aircraft as referred to in thisChapter include the rights to the airframe engines, propellers, radio apparatus of the civil aircraft and all otherArticle s intended for use in such civil aircraft, no matter whether they are installed thereon or separated temporarily therefrom.
Article 11 The person entitled to the rights of a civil aircraft shall register the following rights respectively with the competent civil aviation authority under the State Council.
(1) The ownership of the civil aircraft;
(2) The right for the acquisition and possession of the civil aircraft through an act of purchase;
(3) The right to possess the civil aircraft in accordance with a lease contract covering a lease term of six months or over;
(4) Mortgage of the civil aircraft.
Article 12 A register of the rights of civil aircraft shall be maintained by the competent civil aviation authority under the State Council. Matters registered concerning the Rights of one and the same civil aircraft shall be recorded in the same register of rights.Matters registered concerning the rights of civil aircraft any be made available to the public for inquiry, reproduction or extraction.
Article 13 Unless a civil aircraft was the subject of a forced auction sale in accordance with the law, the nationality registration of such civil aircraft or the registration of rights thereof shall not be transferred abroad before the registered rights of such aircraft are compensated or before the consent of the person entitled to the aforesaid rights is given.
Section 2 Ownership and Mortgage of Civil Aircraft
Article 14 The acquisition, transference and extinction of the ownership of a civil aircraft shall be registered with the competent civil aviation authority under the State Council; no acquisition, transference or extinction of the ownership of the civil aircraft shall act against a third party unless registered.The transference of the ownership of a civil aircraft shall be made by a contract in writing.
Article 15 Where a State-owned civil aircraft is authorized by the State to be operated, administered or utilized by a legal person, the provisions of this Law concerning the owner of civil aircraft shall be applicable to such legal person.
Article 16 The mortgage of a civil aircraft shall be established by registering the mortgage of the civil aircraft with the competent civil aviation authority under the State Council jointly by the mortgagee and the mortgagor; no mortgage may act against a third party unless registered.
Article 17 Once a mortgage is established on a civil aircraft, the ownership of the mortgaged civil aircraft shall not be transferred without the consent of the mortgagee.
Section 3 Civil Aircraft Liens
Article 18 A civil aircraft lien is the right of the claimant, subject to the provisions ofArticle 19 of this Law, to take priority in compensation against the owner and lessee of the civil aircraft with respect to the civil aircraft which gave rise to the said claim.
Article 19 The following obligatory rights shall be entitled to civil aircraft liens:
(1) Remuneration for rescuing the civil aircraft;
(2) Necessary expenses incurred for the custody of the civil aircraft.With respect to the obligatory rights specified in the preceding paragraph, that arising later shall be satisfied first.
Article 20 The creditor of the civil aircraft liens specified inArticle 19 of this Law shall register his obligatory rights with the competent civil aviation authority under the State Council within three months commencing from the date of the end of rescue or custody.
Article 21 For the common interests of creditors, the expenses incurred in enforcing the decision of the People''s Court and in the course of auction sale shall be deducted and paid first from the proceeds of the auction sale of the civil aircraft.
Article 22 A civil aircraft lien shall have priority over the mortgage of a civil aircraft.
Article 23 Where the obligatory rights provided inArticle 19 of this Law are transferred, the civil aircraft liens attached thereto shall be transferred accordingly.
Article 24 A civil aircraft lien shall be enforced by the People''s Court by arresting the civil aircraft that gave rise to the said civil aircraft lien.
Article 25 A civil aircraft lien shall be terminated at the expiry of three months commencing from the date of the end of rescue or custody; except that the creditor has registered his obligatory rights according to the provisions ofArticle 20 of this Law and that the case is under one of the following circumstances:
(1) The creditor and debtor have reached agreement on the amount of the said obligatory rights;
(2) The legal action concerning the obligatory rights has started.
銆銆A civil aircraft lien shall not be extinguished because of the transference of the ownership of the civil aircraft; except that the civil aircraft was the subject of a forced auction sale in accordance with law.Section 4 Lease of Civil Aircraft
Article 26 A civil aircraft lease contract, including financing lease contract and other lease contracts, shall be made in writing.
Article 27 The "financing lease of civil aircraft" means that the lessor acquires a civil aircraft pursuant to the selection of the lessee with respect to supplier and civil aircraft, and leases it to the lessee, who shall pay rental periodically.
Article 28 During the period of financing lease the lessor shall be legally entitled to the ownership of the civil aircraft, and the lessee shall be legally entitled to the rights of possession, utilization and earnings of the civil aircraft.
Article 29 During the period of financing lease, the lessor shall ensure the lessee to possess and use the civil aircraft without interference; the lessee shall take proper care of the civil aircraft and keep it in the condition in which it was delivered, subject to fair wear and tear and to any modification of the civil aircraft agreed by the lessor.
Article 30 When the financing lease contract, comes to an end, the lessee, unless exercising a right to purchase the civil aircraft or to hold the civil aircraft on lease for a further period in accordance with the contract, shall return the civil aircraft to the lessor in the condition specified inArticle 29 of this Law.
锟斤拷锟斤拷锟斤拷锟斤拷
锟斤拷锟斤拷锟斤拷锟剿达拷省锟斤拷锟斤拷锟斤拷郑锟斤拷锟斤拷锟介看全锟斤拷锟斤拷锟轿锟斤拷锟斤拷锟皆锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷亩锟斤拷锟锟斤拷
 
 
 
1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
更新列表 | 会员章程 | 法律声明 | 友情链接 | 法意介绍 | 法意招聘 | 京ICP备10009268号 版权所有©北京大学实证法务研究所
  运营维护:北京法意科技有限公司 推荐使用IE5.0以上版本 分辨率800×600
邮箱: 客服热线:010-53109998、62758866 53109996/97-8088(传真)
QQ在线咨询:691817899 MSN在线交流:
严格遵守国家保密法律法规
北京市公安局海淀分局备案编号:1101083721