The Study Of The Damage Compensation On The Beidou Satellite Navigation System Under The Belt And Road

When Beidou satellite navigation system from the basic construction to be used,the system performance increased day by day,it will through the satellite navigation,positioning satellite,communication satellite,remote sensing and meteorological satellite to build space-based silk road in 2018.The application of the beidou in One Belt And One Road is a combination of government drive,profits of corporate and free of individual.In these three modes,beidou navigation is widely used in One Belt And One Road.Although beidou give One Belt And One Road a lot of convenience,however the instability of the satellite signal,the national conditions and the complexity of the geography and the diversity of main body,maybe arise some potential damage.Details are as follows,one is the beidou navigation system to the damage caused by other navigation systems,and the second is the impact of the beidou navigation system to the user,the third is the impact of the beidou navigation system to a third party.All of these damage compensation can solve by legal mechanisms,including general law principles for their citizens or natural person,international responsibility of international law and space activities to the outer space treaty.However,these three damage compensation legal mechanisms also exist flaw,when according it to solve the problem.The existing damage compensation legal mechanisms lack of legislative regulation of private subject,and the definitions of related terms are brezzing,the domestic and international law are not clear to each other to choiceTherefore,complete the existing damage compensation mechanism is necessary.On the one hand,to improve the mechanism of damage compensation under the framework of international space law,it can be done in three aspects: first,to expand the responsibility of the existing damages.Second,the scope of damages shall be standardized;Third,the choice of the treaty is applicable.On the other hand,establish a neighbourhood special damages under the dispute settlement body,beidou dispute processing center,it is based on data jurisdiction principle,through political and diplomatic means and corresponding disputes arbitration procedures.Finally,under the system of ordinary civil damage compensation mechanism,establishment of liability insurance system,set up the beidou damage compensation fund,to dissolve the loss caused by the satellite signal and the plight of the infringer to compensate,and before that,establishment the laws of beidou navigation is urgently needed.