Research On The Effect Of Aviation Accident Investigation Report Under "Just Culture"

For more than a century,the aviation industry has made a great progress.With the expansion of civil aviation capacity,aviation safety has become the primary problem,because the high risk of air transport cannot be completely avoided.Once an aviation accident occurred,the consequence is always serious.Only in safety can civil aviation industry keep the development.After the accident of the aircraft,usually the sovereign state will organize the investigation team to carry out thorough analysis about the accident and form the final aviation accident investigation report to explain root causes,put forward safety recommendations to prevent similar accidents happen again."The International Civil Aviation Convention(Chicago Convention)" and its Annex 13 "Aircraft Accident and Incident Investigation",are international normative documents on aviation accident investigation and accepted by the international community.In the international community,whether the aviation accident investigation report can be used in the field of aviation responsibility or how to apply the problem are full of controversy.The reason is that the Convention recommends “Any investigation conducted in accordance with the provisions of this Annex shall be separate from any judicial or administrative proceedings to apportion blame or liability.” However,at the national level this provision has been different.This article is depending on "International Civil Aviation Convention",Annex 13 "Aircraft Accident and Incident Investigation" and specific domestic laws to explore the legal character of the aviation accident investigation report,enumerating juridical practice of aviation accident investigation report and other investigation reports under the evidence law to explain the application of the aviation accident investigation report.This article divides into four chapters.Chapter 1 starts from “just culture”?the definition of aviation accident and accident investigation and aviation accident investigation.Then,it points out that the purpose of accident investigation and investigation principle--the principle of independence,objective principle,in-depth principle and comprehensive principle,the main body of accident investigation and the importance of accident investigation.Finally,it introduces aviation accident investigation report requirements in “The Chicago Convention” and its Annex 13?the United States domestic law "US federal regulations" ?the Council of the European Union directive "the basic principles of establishing civil aviation accident investigation" and China "civilian Aviation law " and " civil aircraft accident and flight accident investigation provisions ",lists the two aviation accident investigation report text,sums up that the aviation accident investigation report has the sovereign,the guidance,the demolition sexuality.Chapter 2 discusses from foreign judicial practice and domestic judicial practice.On the one hand,use three different examples to illustrate: the United Kingdom thinks the aviation accident investigation report is admissibility,the United States adopts factual part of report,Japan does not think that aviation accident investigation report can be pursued.On the other hand,in the domestic judicial practice,make a detailed analysis of the "Yi Chun air crash" which used the aviation accident report as evidence of criminal proceedings.Chapter 3 is based on the evidence law,this chapter finds that the aviation accident investigation report is consistent with the definition of evidence and has the basic characteristics of litigation evidence.It is concluded that the aviation accident investigation report cannot be accurately classified into the legal evidence category and discussing proof force and proof criteria of the aviation accident investigation report.Chapter 4 mainly uses the comparative analysis method to compare the aviation accident investigation report with the maritime traffic accident report?the traffic accident liability certificate?the production safety accident investigation report?the medical accident technical appraisal book,finds out the similarities and differences,makes a summary of the above reports in judicial practice for providing feasibility of aviation accident investigation report in judicial proceedings.In this paper,from the judicial practice of "Yi Chun air crash",to the provisions of international conventions,foreign law,domestic law and judicial practice,it explores the effect of evidence of aviation accident investigation report and has important practical significance in the future.