The Risks Of Drone Flight And Its Public Regulations

Based on the characteristics of small size,easy operation and low cost,drones are widely used in military,public affairs,commerce and entertainment.While they bring great benefits to people,related problems arising from their use are also endless.The article starts from the discussion of the application of drones with prospects and risks,focuses on the prevention of flight safety risks,and takes into account the guarantee of application prospects,and analyzes the factors that affect the potential dangers of drones and relevant domestic and foreign laws In the end,it puts forward specific suggestions for improving China’s drone legislation.This article is divided into five parts.The introduction describes the basic definition of drones,the general classification of drones,and the application fields of drones.The first part describes the industry and application prospects of the drone industry,and on this basis summarizes the disadvantages caused by the absence of current legal supervision,and raises the importance of balancing legislative supervision and promoting industrial development.It also evaluates the "Draft for Comments" and proposes the direction of writing this article: focusing on the prevention of risks,and considering the guarantee of application prospects on this basis to investigate the shortcomings of the system design of the "Draft for Comments",and then proposes to satisfy no one in China Perfect opinions on the objective needs of regulatory legislation.The second part analyzes the potential risks and risk factors of UAV flight.Among them,when explaining the potential risks of drone flight,the impact of drones on the security of rights is discussed from the aspects of national security,aviation security,social order,life and property security,and privacy rights in the order of magnitude of security risks;The potential risk factors that affect drone flight are classified and discussed: in terms of driver qualification,the importance of driver qualification is demonstrated through analogy with motor vehicles and specific judicial practice cases.In terms of the registration and filing system,the necessity of the registration and filing system was demonstrated through analogies with motor vehicles and civil aircraft,and the disadvantages of not having a registration and filing system.With regard to controlled areas and flight applications,the importance of regulating the controlled areas and flight applications is demonstrated by listing specific judicial practice cases and living examples.The third part analyzes the drone supervision legislation at the national level and in Zhejiang and other provinces and cities,and finds that there are differences in the design ofdrone driver qualifications,registration and filing systems in different regions and legislative documents in China,and On this basis,the deficiencies of China’s drone regulatory legislation are described.Including: Incomplete construction of pilot qualification system,inadequate flight approval system,chaotic airspace classification management system,unscientific legislative purpose and regulatory object,lack of unified drone technical standards,and lack of complete drone airworthiness management regulations.The fourth part reviews the extra-territorial legislation of the United States and the United Kingdom as a reference for improving China’s drone-related legislation.The fifth part puts forward suggestions for the improvement of drone-related legislation from three aspects,including the regulatory philosophy,regulatory principles,and specific rules.Among them,the specific rules include: constructing a perfect driving qualification system,optimizing the flight approval system,adding rights relief clauses,establishing a unified airspace classification management system,reasonably specifying the legislative purpose and regulatory object,establishing a unified UAV technical standard,and establishing a complete Drone airworthiness management regulations.