Research On Tort Liability Of Civil Unmanned Aircraft System

Since the 20 th century,civil Unmanned Aircraft System(UAS)has gradually appeared in the public.With the maturity of the hardware industry chain and the rapid development of nextgeneration information technology,UAS has more adapted to the needs of civilian use,and have quickly spread to applications in all walks of life and the daily life of the public.Civil UAS infringement followed and became more prominent.The torts of civil UAS are mainly manifested in the personal and property damage caused by falling from a high altitude,infringing on the privacy and space rights of others.It is obvious that the specificity is different from traditional infringement,which has caused new infringement.It is true that under the current tort liability law system,it is possible to determine the tort liability of some civilian UAS-caused acts and compensate for the damage,but technological advancements will always lead to new types of torts and bring endless challenges to the law.The application of tort liability law often appears to be stretched.At the same time,the public’s awareness of protecting their legal civil rights is increasing.The rights and interests infringed by civilian UAS need to be relieved and protected by tort liability.The tort liability law is a law to protect the rights and interests of civil subjects from others,the rights and interests violated by civilian UAS should also be protected.Therefore,the issue of infringement liability of civil UAS needs further analysis and discussion,and the infringement liability of civil UAS shall be incorporated into the current tort liability system for regulation.This article takes the issue of civil UAS infringement liability as the theme,takes civilian UAS as the research object,defines its concept,and analyzes and summarizes the characteristics of civil UAS infringement.Due to the particularity of civil UAS infringement liability,it is difficult to directly invoke the existing determination rules on civil UAS infringement liability.Therefore,this paper also analyzes the dilemma of civil UAS infringement liability And discussed the academic controversy caused by the intelligence of civilian UAS.Views on the relevant legislative experience of UAS infringement issues outside the region,and in conjunction with China’s national conditions,it puts forward suggestions for the improvement of our country’s civil UAS infringement liability determination rules,with a view to providing ideas for the protection of the rights and interests infringed by civilian UAS.This article is divided into four parts:The first part defines the tort liability of civil UAS.First,the concept of civil UAS infringement liability is defined,the civil UAS is distinguished from the traditional aircraft,and the content of civil UAS infringement is proposed.In addition,the infringement of civil UAS brings new infringement problems,so the legal characteristics of civil UAS infringement need to be sorted out.This part mainly discusses the uncertainty,extensiveness and concealment of the infringement of civil UAS.The second part analyzes and discusses the necessity of civil laws and regulations on tort liability of civil UAS.Nowadays,civil UAS infringements becoming more and more common.Some civil rights and interests infringed by civil UAS still lack the protection of the Civil Law.Through the analysis of civil UAS’s infringing behaviors,its liability issues should be regulated by the tort liability.The third part summarizes the dilemma of civil UAS tort liability in the application of law.China’s existing liability subject and the principle of attribution have certain limitations in regulating the liability of civil UAS infringement,and it is impossible to directly integrate the particularity of civil UAS infringement into the existing types of legal infringement.At the same time,this part also discusses the legal subject status of civil UAS.The fourth part discusses the legislative experience of civil UAS related to the United States and the European Union.It mainly introduces the protection of civil rights in the United States and data protection in the European Union.Based on this,it concludes that it is worthy of reference in the context of our country.The fifth part puts forward suggestions on the improvement of our civil UAS tort liability.Based on the experience of European and American legislation,it believe that China should improve the types of civil rights,add space rights,and improve the personal information system.It proposes applicable rules on the identification of civil UAS tort liability subjects and the principle of liability for infringement,and the method of assuming responsibility was confirmed.