关键词: 民用航空器, 侵权责任, 责任主体相对性, 严格责任, 过错第三人

Abstract:

The tort liability of civil aircraft in Tort Liability Law belongs to the category of high risk liability. Whether or not
the operator of a civil aircraft is at fault or not，he has to assume responsibility. However，besides the operator，whether or
not the third party is at fault could be taken as the responsibility subject，and whether the victim can claim directly to such
third party，are not specified in Tort Liability Law，which results in the relativity of subject of tort liability in civil aircraft. The
relativity to some extent is beneficial to victims as balance between risks and benefits as well as an embodiment of the economic
responsibility，but the relativity is not conducive to intactness of tort liability law system and could not protect the benefits of
victims and operators perfectly. Given the balance of interests as well as the standard of making a clear distinction between
right and wrong，it is necessary to break the relativity，taking the third party at fault as responsibility subject and to give the
victim the right to claim directly to the third party.

Key words: civil aircraft, tort liability, relativity of responsibility subject, strict liability, the third party at fault