Research On The Legal System Of Civil Drone Flight Supervision

Civilian unmanned aerial vehicle(hereinafter referred to as UAV)refers to a self-service intelligent aircraft managed by a remote control station and does not require the pilot to board.In recent years,China’s drone industry has shown a rapid development trend,and the field of drone use has extended from military and national defense fields to the civilian field.In the context of China ’s policy of further expansion and upgrading of information consumption,unmanned technology and other information consumption industries have become an essential part of driving consumption growth in other areas and continuously releasing the potential of domestic demand.During 2019-nCoV acute respiratory disease in 2020,UAVs has played an important role in logistics distribution and public security patrol.UAVs are not only widely used in industry,agriculture,forestry,and mining,but also play an irreplaceable role in disaster relief,remote sensing mapping,and marine monitoring.Therefore,reasonable and effective supervision of UAVs can play a role in stabilizing market order,regulating industry behavior,and promoting industry development while the UAV industry is changing rapidly.Compared to other aerial vehicles,the operation of UAVs is easier.Other advantages of UAVs are lower barriers for people to learn how to operate them,shorter start-up time,relatively fast velocity of climb,and high flexibility in the air.However,these distinct strengths and features may induce numerous legal risks while using UAVs.In order to take full advantage of UAVs,to mitigate potential negative effects of applying them,and to promote the development of UAV industry,building a sound regulation system is critical in keeping the order of UAV operation and in balancing the current rapid growth of UAV eco-system and the very beginning stage of the regulation system establishment.Therefore,from the perspective of UAV operation regulation,this thesis aims to propose a guidance to the development of UAV regulation system in China by using local legal systems of UAV regulation in China as a blueprint and analysing the counterpart in America,United Kingdom,and Japan.This thesis analyses and compares local laws and regulations of UAV supervision,analyses UAV-related tort cases,and identifies the background,characteristics and current status of local UAV regulations,then summarised major issues in local UAV regulation which are non-uniform definition and classification of UAVs,deficiency ofqualification requirements for UAV operators,incomprehensive protection of rights and interests in legislation,and limited coverage in in the local UAV regulation.Via analysing civilian UAV regulation patterns in foreign developed countries,examining how legislation in our country can benefit from foreign legislative experience,and learning from these experiences meanwhile adjusting them based on our national conditions and status,this thesis makes the following contributions.Based on three major perspective of regulation system framework which are principles of UAV operation regulation,approaches of UAV regulation,and contents of regulation,this thesis proposes UAV operation regulation should follow flight safety principle,public interest principle,and comprehensive supervision principle for building a regulation system applying beforehand supervision,present supervision,and afterwards supervision;practising proactive registration,permit examination,and report mechanism;embodying government administration,industry self-discipline and public opinion supervision.In this way the complete UAV regulation system is formed finally and it is composed of hierarchy management and registration system,pilot training and qualification system,and regular and emergency management system.Based on these points,this thesis contributes to the improvement of the legal system of the UAV operation regulation in China.