As a new type of area beyond“land, sea, air and space”, near space is a combination of“air”and “space”or a transition area, but it is independent of the traditional air and space areas. The huge commercial po? tential of near space is attracting attention and competition from all countries and will be a new high point in the competition among big countries. However, there are still no rules of international law to regulate the utilization and development of near space, creating a gap in institutional rules. Space law is a discipline closely related to the law of the sea, and the legal status and legal background of the near space are similar to those of the exclu? sive economic zone. In addition, the establishment of near space and exclusive economic zone systems has the same purpose. In addition, the legal purpose of establishing the near space system is similar to that of the exclu? sive economic zone, so the construction of the near space legal system has a profound theoretical basis for draw? ing on the legal system of the exclusive economic zone. The legal status of near space is analyzed in comparison with the exclusive economic zone, and the legal regime of the exclusive economic zone is analyzed and improved in depth from the economic and military levels. The express consent and notification system and the prohibition system in the path of the legal system of near space are obtained. As the community with a shared future for man? kind is gradually implemented and enforced in the space field, this concept can be taken as the basic principle of the regime in the formulation of the international regime on near space.