航天发射行为对第三人损害之危险责任研究

Research on Danger Liability of Damage to the Third Party by Space Launch Activities

航天发射活动中航天器相关零部件或碎片坠落可能导致一国领土、领水及领海范围内第三人的人身、财产权利或利益遭到损害。此类侵权行为应属于民事侵权,遭受损害的第三人是受害人,参与航天器发射的各方是侵权关系中的责任人。航天发射活动致人损害应适用高度危险责任,其归责原则应为严格责任。

The falling of spare parts or debris of spacecrafts may cause personal injury and loss of property rights or interests of the third party in the territorial land,territorial seas and territorial airspace in a country. This act of tort should fall into civil tort,in which the damaged third party is the victim,while all the parties involved in the launch of the spacecraft are the responsible persons. The damage caused by the space launch activities should be applicable to highly hazardous liability. As to the liability principle,it should be strict liability.