Research On Liability System Of Space Object Launch Damage

In May 2019,Space X officially launched the Starlink program.The Starlink program consists of nearly 12,000 satellites.According to the agreement,Space X needs to launch half of the satellites in six years,that is,by 2024,Space X needs to successfully launch 6,000 satellites by 2024.The appearance of the Starlink program in the United States indicates that the launching activities of space objects are becoming more and more close and frequent.Although China has not officially reported its satellite launch plans,a search engine search reveals that in the next few years,China will also increase its efforts to launch space objects and make full use of outer space for scientific and commercial activities.From the point of view of aerospace,the orbit of the earth satellite is limited,and the priority to launch the satellite preempts the more stable and effective orbit.With the increase of launching activities of space objects,the probability of collision and damage caused by objects in outer space will gradually increase.Therefore,after the damage caused by space objects,how to resolve disputes will be an important problem in the future.The ability to carry out space activities worldwide nearly all countries joined the outer space treaty and the convention on the liability to pay compensation,the convention on the liability to pay compensation,in particular,is the main basis that the world deal with space objects disputes,but the convention on the liability to pay compensation to fire damage liability for space objects only made the principle rules and actual damage compensation liability disputes solution space objects launch all require the participation of domestic law to varying degrees.China joined the Convention on Liability for Compensation as early as last century,but the domestic legislation has not been able to keep up with the pace.The current domestic law of China is not enough to deal with the possible disputes on damages to space objects,so it is urgent to promote the legislation on liability for damages to space objects.This article is divided into six parts,the first part is introduction,in this article the research background,research significance,literature review and research methods are introduced,including the research significance,the author thinks that the research of this paper is helpful to improve the liability convention,help to build China’s aviation law system,help to safeguard the legitimate rights and interests of our country and citizens,And help promote diplomatic relations.The second part is the general theory of space objects damage responsibility system,this part of space object and space first generalizes the concept of damage responsibility,to the international responsibility,state compensation liability and the liability for compensation of the three domestic space objects launching damage liability system one by one analysis,clear in this paper is the launch of the international space objects of the liability for compensation.Then it introduces the contents of the liability system for damage to space objects,including the subject of legal relations,the scope of compensation,the principle of imputation,the application of law,and the way of relief.In this part,the legal system of space object launch is studied in detail,and it is proposed that the Convention on Liability for Compensation,bilateral treaties and the domestic system of compensation for damage caused by space object launch are the legal sources of the system of compensation for damage caused by space object launch.The third part is the space objects damage responsibility system of the status quo,in this section of the content of the convention on the liability for compensation are analyzed in detail,at the same time to our country in this article,the author describes a bilateral treaty with the United States finally expounds the United States,Russia,Australia,Japan launched four countries of the domestic space objects to damage compensation system.The fourth part is about the problems existing in the liability system for damage caused by launch of space objects and its countermeasures.This part is divided into two parts.On the one hand,it is about the problems existing in the system,which mainly summarizes the lag of the Convention on Liability for Compensation and the obstacles to the implementation of the system of compensation for damage caused by launch of space objects due to different domestic legislation.On the other hand,by comparing the "Convention on Liability for Compensation" with other countries’ legal systems of space object launch,it summarizes the legislative gaps existing in China’s current space object launch damage system,including the special legislative gaps,the lack of supporting systems and the lack of special relief methods.The fifth part is to perfect space objects damage responsibility system of legal advice,this part firstly puts forward corresponding Suggestions on perfect international law,mainly to the convention on the liability to pay compensation to modify puts forward three Suggestions,also suggested that countries can on the basis of the liability convention a bilateral treaty,issues related to the spatial objects emit compensation.In the end,the author puts forward that we should establish special legal system,supporting legal system and relief legal system for space object launch.At the level of special legal system,it is suggested that the legislative level should be separate regulations or rules.Considering that China is unlikely to issue aerospace code in the short term,it is more appropriate to make separate legislation,which mainly involves three aspects: the subject of responsibility,the scope of compensation and the principle of imputability.In the aspect of supporting system,it is suggested that China draw lessons from the practice of other aerospace powers to establish supporting insurance system,maximum quota system and special agreement system.In terms of the relief system,it is suggested to clarify the jurisdiction court and the trial procedure.At the same time,considering that disputes over the launch of space objects are highly professional,an expert opinion system can be established.Considering that the launch of space objects involves diplomatic relations,a corresponding result notification system should also be established.The last part is the conclusion,which makes a summary of this paper and looks forward to the development of space object launch system.