Issues On Tort Of Civil Unmanned Aerial Vehicles

Civil Unmanned Aerial Vehicle(UAV)is a new thing that rises and develops rapidly in recent years.The number and the market of civil UAVs are showing a trend of explosive growth.When civil UAVs bringing a new experience to the public,constant accidents caused by UAVs have sparked public concerns about safety of flight and intrusions of privacy and space right.However,not only infringement laws and regulations of civil UAVs but also the theoretical study on infringement of civil UAVs are still in vacant state.Under this circumstance,the study on tort of civil UAVs is valuable in both theoretical and practical areas.This article starts from the concept of infringement of civil UAVs.The “purpose of flight” can be the standard of UAVs.Civil UAVs is the UAVs used for civil purpose,exclude the UAVs used for public purpose,like military,customs,police and so on.The object of this paper is determined by putting a legal definition to civil UAVs.And the tort of civil UAVs is defined as actions against others' personal and property rights and interests during operating civil UAVs,which cause the tort liability according to the law.Through analyzing a large number of infringement cases of civil UAVs,we can find that tort of civil UAVs has some special characteristics.The duration of the infringement is short,the tortfeasor is hard to determine,and the consequences of the damage are very strict.Torts of civil UAVs include intrusions of privacy,intrusions of space rights,and crash damage of civil UAVs.In the tort liability system,the identification and commitment of tort liability has always been a difficult point.This article will research the theoretical problems about the identification and commitment of tort liability from three aspects,including liability subject,the principle of imputation and the assumption of the liability.Some corresponding suggestions are put forward to the above issues,like the distribution rules of tort liability in related subjects and the special assumption of the liability.In addition,this paper also points out the practical problems in the identification and commitment of tort liability of civil UAVs,including the problems caused by the separation of tortfeasor and the UAVs,and absence of product quality standards and responsibility sharing system.At the end of the article,the corresponding measures are put forward,including the registration system and compulsory insurance institution and product quality standards of civil UAVs.