中俄RD-180火箭发动机交易争端的法律研究

发布时间：2018-03-05 05:15

本文选题：RD-180火箭发动机　切入点：保护协议　出处：《深圳大学》2017年硕士论文　论文类型：学位论文

【摘要】：随着中方航天工程的不断发展,中方采购俄方RD-180火箭发动机提到议事日程。基于两方需求的互补性,俄方寻找的既有需求又有雄厚资金的国际合作伙伴,目前恐怕只有中方了。目前中方火箭各种型号也很完全,的才能也不差,如果能得到RD-180这种大推力的火箭发动机将对中方探究宇宙活动起很大作用,尤其是向太空运送大型空间轨道舱。俄方在出口RD-180火箭发动机的同时一定要维护其技术,而中方需要产品的同时更渴求获得技术。有专家认为,俄方希望达成政府间技术保护协议。俄方以为,依据火箭技术分散监视制度,俄方要为这种技术被不是该制度成员的使用承当全副责任。俄方还认为中方在短期内不可能研制出相似的RD-180发动机。美方同类自主火箭发动机的研发、制作和通过品质验证估计不会早于2023年。俄方的底线是:中方在航天方案中以使用RD-180时必需保护其知识产权作为替换条件,俄方批准,对华发售RD-180火箭发动机生产许可证。但是,这种计划对中方来讲并不理想,双方在此范围的会谈一直在艰难中前进。中方在2014年初开始对RD-180火箭发动机有兴趣,这件事情本来是对彼此有利的。但在俄方看来,中方是冲着RD-180火箭发动机技术来的。俄方的军工实力很强,但是能够拿出来交易的军工产品愈来越少,故而能留一些是一些,中方和俄方的主要分歧就在这里。其后谈判了两三年没有完全谈拢。虽然没有用上俄方的发动机,中方的长征五号火箭依旧在今年成功发射了,所以中方并不着急。最近这段时间,俄美两方的关系不再那么紧张了,RD-180火箭发动机很有可能接着卖给美方。所以俄方也不着急以终止谈判的方式对中方施以压力。实际上,此事说明,伙伴关系归伙伴关系,做起生意来还要按照生意人的方式来。对中方来说,若单单购买产品,还不如把金钱投资在自主知识产权的技术研发上,再过几年也许就会有结果。当然若俄方愿意把自己的技术卖给中方,那么两方的合作就能够更进一步。俄方觉得,中方本身的航天实力就很强,特别善于消化吸收新的技术,如果把技术卖给中方,俄方担心中方很快就会抢占了自己的市场。但笔者认为,中俄作为战略合作伙伴,在RD-180火箭发动机的交易中应当跳出“生意”的概念,面对美方和北大西洋公约组织东西两面的围堵,中俄在战略安全上更加需要“抱团取暖”增加战略互信。当然这一切应建立在法律的基础上,即要求中方在取得RD-180火箭发动机及其技术后不能擅自仿制、扩散以及单独使用该技术,否则应承担违约责任。
[Abstract]:With the continuous development of China's space project, China's purchase of Russian RD-180 rocket engines is on the agenda. Based on the complementarity of demand between the two sides, Russia is looking for international partners with both needs and abundant funds. At present, I am afraid only China is the only one. At present, the Chinese rocket models are also very complete, and their talent is not bad. If we can get a rocket engine with such a large thrust as RD-180, it will play a very important role in exploring the space activities of the Chinese side. In particular, to ship large space orbital modules into space. Russia must maintain its technology while exporting RD-180 rocket engines, while the Chinese side needs products and is even more eager to acquire technology. Some experts believe that. Russia wants to reach an intergovernmental agreement on technology protection. Russia believes that under the rocket technology decentralized surveillance system, The Russian side is fully responsible for the use of this technology by non-members of the system. Russia also believes that it is impossible for China to develop similar RD-180 engines in the short term. The bottom line of the Russian side is that the Chinese side in the space program must protect its intellectual property rights while using RD-180 as a replacement condition, and the Russian side approves it. The RD-180 rocket engine production license is being sold to China. However, such a plan is not ideal for China, and talks between the two sides in this area have been moving forward in a difficult way. China began to be interested in RD-180 rocket engines on early 2014. This was originally beneficial to each other. But from the point of view of Russia, the Chinese side is coming after the RD-180 rocket engine technology. Russia has a very strong military industry, but the number of military products that can be brought out and traded is getting smaller and fewer, so it can keep some of it. This is the main difference between China and Russia. After two or three years of negotiations, it was not fully agreed. Although the Russian engine was not used, China's long March 5 rocket was launched successfully this year. So the Chinese side is not in a hurry. Recently, relations between Russia and the United States have become less tense. It is very likely that the RD-180 rocket engine will continue to be sold to the US side. So the Russian side is not in a hurry to put pressure on the Chinese side by terminating the negotiations. In fact, The matter shows that the partnership belongs to the partnership, and the way to start business is to follow the way of business people. For the Chinese side, if they buy products alone, they might as well invest their money in technological research and development of their own intellectual property rights. In a few years' time, there may be results. Of course, if Russia is willing to sell its own technology to the Chinese side, then the cooperation between the two sides will be able to go further. Russia feels that the Chinese side has a very strong space capability and is particularly good at digesting and absorbing new technology. If the technology is sold to the Chinese side, the Russian side fears that the Chinese side will soon seize its own market. However, the author believes that as a strategic partner, China and Russia, as strategic partners, should jump out of the concept of "business" in the RD-180 rocket engine transaction. In the face of the east-west siege by the United States and the North Atlantic Treaty Organization, China and Russia all the more need to "surround themselves" in terms of strategic security and increase strategic mutual trust. Of course, all this should be based on the law. That is to say, China should not copy, diffuse and use the RD-180 rocket engine and its technology without authorization, otherwise it should be liable for breach of contract.
【学位授予单位】：深圳大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D813.2;E257;E512

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