无人驾驶航空器违规飞行的法律规制与防控机制研究

Research on the Legal Regulation and Prevention Mechanism of Unmanned Aerial Vehicle Illegal Flights

摘要: 随着低空经济加快发展，无人驾驶航空器保有量持续攀升，未经登记、未经审批、违反空域管理规定擅自飞行等违规行为亦呈多发态势，对机场净空、重要设施、公共安全和个人权益构成现实威胁。《无人驾驶航空器飞行管理暂行条例》施行后，我国初步形成实名登记、空域管控、飞行审批与治安处罚、刑事追责相衔接的规制框架，但规范分散、行刑衔接标准模糊、防控机制碎片化等问题仍然突出。本文界定违规飞行的概念并作类型化分析，系统梳理现行法律规制体系，检视现实困境，考察域外远程识别、U-space等防控经验，提出健全专门立法、细化行刑衔接、构建“监测–识别–反制–处置”一体化防控机制、强化平台责任与信用治理、完善社会共治等路径。

Abstract: With the rapid development of the low-altitude economy, non-compliant flights without registration, approval or in violation of airspace management rules are occurring frequently, posing real threats to airport clearance, important facilities, public security, and individual rights. After the implementation of the Interim Regulations on the Flight Management of Unmanned Aerial Vehicles, China has initially formed a regulatory framework combining real-name registration, airspace control, flight approval, public security punishment and criminal liability. However, problems such as scattered norms, vague standards for the connection between administrative and criminal law, and fragmented prevention and control mechanisms remain prominent. This paper defines the concept and typology of non-compliant flights, sorts out the current legal regulation system, examines its practical difficulties, investigates foreign mechanisms such as Remote ID and U-space, and proposes paths including special legislation, refined administrative-criminal connection, an integrated mechanism of “monitoring, identification, countermeasure and disposal”, platform responsibility and credit governance, and social co-governance.