Research On The Legal Issues Of Micro Civil Unmanned Aerial Vehicles Infringing On Privacy Rights

With the development of civil Unmanned Aerial Vehicles(UAVs)technology and the popularity of possession,legal risks and security risks are inevitably becoming more and more prominent,especially the situation of micro civil UAVs infringing on privacy rights is not uncommon.In China,the research on the legal issues related to micro civil UAVs infringing on privacy rights is insuffivient,the relevant legal protection system has lagged far behind the development trend of micro civil UAVs.Therefore,it is significant to research on the legal issues of micro civil UAVs infringing on privacy rights and to improve the relevant legal protection system.This paper starts from the basic theory of micro civil UAVs infringing on privacy rights,establishes that the research object is “micro civil UAVs”,which means the weight of empty aircraft is less than or equal to 116 kilograms,and the total weight of take-off is less than or equal to 150 kilograms,except for military,customs,police and other official flight missions.Then summarizes the four behavior types of micro civil UAVs infringing on privacy rights,analyzes the four characteristics of the tort,which including concealment and short-term of tortious behaviors,uncertainty of tortious subject,profitability of tortious behaviors and fuzziness of tortious subjective fault.From performance and reason,analyzes the present situation and problems: insufficient legislation makes tort responsibility difficult to identify,it is difficult to clear the subjects of responsibility,apply the imputation principle and determine the subjective fault.Learning from the American and European Union's legal protection current situation,explores to improve China's legal protection system to prevent micro civil UAVs from infringing on privacy rights.At the end of this article,puts forward some suggestions on China's legal protection system,divides the subjects of responsibility into possessor and operator,manufacturers and distributors,industry association.In accordance with the characteristics of different subjects,clarifies the basic principles that should be followed and the imputation principle that should be applied.Also explains about how to clear the subjective fault,it should be based on objective factors and supplemented by subjective factors.