Comparative Study On The Investigation Legal System Of Aviation Accident And Maritime Accident

Aviation accident investigation and maritime accident investigation are important ways to find safety hidden dangers,sum up experience and lessons,and avoid similar accidents from happening again.At present,aviation and maritime accident investigation have their own advantages and disadvantages,and the comparative study is beneficial to learn from each other,improve China’s accident investigation system,and promote the safe and orderly development of the industry.From the perspective of accident investigation legislation,there are relatively few norms for aviation accident investigation,and there are relatively many legislative gaps.There are many specifications for maritime accident investigation,and the contents of the specifications are relatively detailed.In terms of the subject of accident investigation,both aviation accident investigation and maritime accident investigation have provisions on the leading investigation country,but the two kinds of accident investigation are different in the way of determining the leading country and the type of the country,each has its own advantages.With regard to the participating States,there are also differences as to whether the participating States can participate directly in the investigation and whether they actually enjoy sufficient investigative powers.On the whole,the countries involved in air accident investigation enjoy greater rights.In terms of the protection of the rights of the persons under investigation,the current accident investigation tends to be criminalized,which goes against the original intention and purpose of accident investigation to find out the cause of the accident and avoid the recurrence of the accident.From an international perspective,the protection of the rights of persons under investigation to make free statements and avoid criminal liability is obviously stronger in the investigation of maritime accidents than in the investigation of aviation accidents.The protection of these two rights is insufficient in China.Through the comparative study,it is not difficult to find that the two legal systems of accident investigation in China have some problems,such as imperfect investigation rules and inadequate protection of the rights of the investigated persons.Therefore,our country should perfect the accident investigation system and fill the investigation loophole.We will speed up the establishment of a unified and independent accident investigation body to ensure full independence of investigation.At the same time,the right of free statement and criminal exemption should be given to the investigated persons to protect the rights of the investigated persons,so as to continuously improve the level of accident investigation.