On The Evidence Value Of The Investigation Report Of International Aviation Accidents

Civil aviation brings great convenience to human beings and also affects human security.Aviation accidents are the main threat to safety.The search for the cause of the accident is the main method for human accident prevention.Accident investigation is the collection and analysis of safety information and the cause of the accident.Therefore,the investigation report becomes the most important part of the accident investigation.In the framework of the ICAO system,investigation reports can only be used to prevent accidents,and they are not allowed to be used as evidence to determine whether a person is negligent or responsible.In practice,most of the member states deviate from the provisions of the Chicago Convention and its Annex 13,making the accident investigation report evidence of the fault or responsibility of the relevant personnel.The Convention and its annexes stipulate that the accident investigation report cannot be used as evidence because it would affect aviation safety.The practice in the State party is due to the guarantee of domestic judicial administration.Based on this,the issue of whether the accident investigation report can be used as evidence is carried out on two levels.On the one hand,from the level of evidence theory to demonstrate whether the accident investigation report has evidence value.The use of evidence theory to analyze the connotation and extension of the investigation report has evidence value.On the other hand,it is argued from the institutional framework of ICAO whether the investigation report has evidence value.Based on the consideration of aviation safety,ICAO does not allow investigation reports to be used as evidence,but the exercise of domestic judicial administration is also a realistic requirement.Therefore,the key to solving the problem is to find a balance between improving aviation safety and safeguarding national judicial power.The “just culture” is the breakthrough point of this balance.By introducing “just culture” in aviation legal rules and systems,the investigation report can be used as evidence to ensure the exercise of domestic judicial administrative power and achieve the purpose of improving aviation safety,so that the accident investigation report has evidence value under the framework of ICAO system.Through two aspects of progressive argumentation,the conclusion that the accident investigation report can be used as evidence is obtained.