In recent years,UAV has set off a boom in the world,and their development in China is in full swing.With the large-scale application of drones in many fields,it has penetrated into every aspect of life,and infringement cases caused by drones have also followed.The UAV has “black fly” to harass,fall and bruise pedestrians,and steal others.Bedroom...Due to the particularity of the infringement incident caused by the UAV as a new thing,the current legal system in China cannot solve the problem caused by it.In order to alleviate the conflict of interest between the development of new technologies and the protection of victims,the Tort Liability Law needs to respond in a timely manner.In order to further clarify its impact on the system of tort liability,the first part of this paper defines the object of discussion as civil and consumer-class UAV other than military UAV,including the use of UAV.Aircraft that operate on their own systems also include aircraft that are operated by radio.Then analyze the main situation of drone infringement,the first drone harms aviation safety,the second drone violates the personal property rights of the third person on the ground,and the third UAV harms the privacy of the third party on the ground.At the same time,three special problems of the infringement liability of the UAV are proposed,namely,the backwardness of the specific subject,the limitation of the single imputation principle and the difficulty of chasing the responsibility caused by the separation of man and machine.The second part of this paper is the analysis of the main body of responsibility for the infringement liability of UAV.As the UAV infringement incident occurs,the main body of the drone is in a hidden state,which greatly increases the difficulty of determining the responsible subject.When it comes to product liability issues,producers and sellers may become the responsibility of product liability.The third part analyzes the main cases of UAV infringement and its imputation principle,and expands the excuses.The fourth part proposes the countermeasures for the evasive measures of the "human-machine separation" characteristics of the UAV infringement behavior,that is,the establishment of the compulsory insurance system and the UAV accident compensation fund. |