| In the context of the continuous maturity of drone technology and the rapid development of artificial intelligence technology,the civilian drone industry has shown a spurt of growth,and the application field of drones has become more novel and diversified.UA has technical advantages such as high degree of automation,strong image processing capabilities,and control dependence.These technical advantages are gradually being transformed into a social advantage.But this social advantage only represents the ideal or perfect situation in the development of civilian drones.In view of this,countries around the world are intensively formulating laws and regulations to regulate drones.However,China has not yet had a national civil drone legislation,but instead authorizes the State Council and the Central Military Commission to make special regulations on drones.In order to solve the potential legal risks in the use of drones to protect public safety and the safety of citizens' personal and property,our country also needs to improve the construction of a civil drone regulatory system.The article shares three parts to discuss the issue of administrative regulations concerning the risk of using drones for civilian use in China.The first part is an overview of civilian drones and their use risks.Starting from the development of civil drones,it explains the classification,grades and legal attributes of civil drones,and discusses the many risks and challenges brought by the explosive development of civil drones,including threats to aviation safety,network security,and personal property damage,privacy security and so on.The second part is the current regulatory status and existing problems of civil drones in China.First combed the current status of domestic regulations on civil drones,and introduced that at this stage,our country has initially formed a multilevel civil drone law with the "Civil Aviation Law" as the leader,laws and regulations as the main body,and normative documents as supplements.Specification system.However,it should be noted that the central government has not yet issued a special document on drones,and only local governments have made more targeted explorations.Next,in conjunction with the local legislation for civil drones,we will conduct a detailed study of Chinese legal regulations,and further point out the problems in the current regulatory system for civil drones in China,which are mainly manifested in four aspects: First,the regulations of the regulatory body are not uniform.The second is that the registration permission system has yet to be improved;the third is that there are gaps in the division of flight airspace;the fourth is that the penalties for illegal flights are unreasonable.The third part is the basic idea of the administrative regulations on the use of drones for civil use in China.First,introduce the experience of extraterritorial regulation mainly represented by the United States and the European Union,corresponding to the implementation of hierarchical and classified management and operation-centred regulation,and propose that our country needs to establish an unmanned system with Chinese characteristics according to the development level of domestic drone technology.Aircraft regulatory system,such as focusing on the use of technical means and regulating civilian drones from the source.Secondly,give full play to the professional role of industry associations,adopt the "government department + industry association" joint supervision model,and provide forward-looking guidance and promote technological innovation through the intervention of industry associations in the administrative management of science and technology.Finally,from the perspectives of registration permits,market access,airspace delineation,privacy protection,strict penalties,accident contingency and compulsory insurance,a specific plan to improve our civil drone supervision system is proposed,hoping to make administrative legislation for civil drones and judicial practice provides some references. |
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