In recent years, with the rapid development of emerging industries such as drone logistics, urban air traffic (UAM), and manned electric vertical takeoff and landing vehicles (eVTOL), the low altitude economy is becoming a new engine driving economic growth. However, the contradiction between technological innovation and legal backwardness in this field is becoming increasingly prominent, and the prevention and control of criminal legal risks has become a key issue for the development of the industry. Starting from the principle of modesty in criminal law, this article explores how to create an inclusive and prudent legal environment for low altitude economic innovation while ensuring public safety.

1、 Multidimensional deconstruction of criminal risks in low altitude economy

The industrial chain of low altitude economy covers multiple links such as aircraft research and development, manufacturing, data collection and application, and each link may touch the criminal legal boundary, presenting significant multidimensional risk characteristics:

（1） Safety responsibility risks in the aircraft manufacturing process

Aircraft manufacturing is the fundamental link of low altitude economy, and its quality and safety are directly related to public safety. If the design or manufacturing defects of an aircraft cause a flight accident, according to Article 146 of the Criminal Law on the crime of producing products that do not meet safety standards, producing electrical appliances, pressure vessels, flammable and explosive products that do not meet national or industry standards for safeguarding personal and property safety, or other products that do not meet national or industry standards for safeguarding personal and property safety, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years; Those with particularly serious consequences shall be sentenced to imprisonment for more than five years. Even if it does not constitute the above-mentioned crime, if the production amount reaches 150000 yuan, the relevant enterprises may still face charges of producing counterfeit and inferior products. In addition, intellectual property protection is also an important risk point. If a company infringes on others' patents or trade secrets during the research and development process, it may violate the crime of counterfeiting registered trademarks under Article 213 or the crime of infringing trade secrets under Article 219 of the Criminal Law.

（2） Information security risks in the data collection process

Low altitude aircraft often involve geographic information collection in activities such as surveying and inspection, which may violate national security and data security laws. According to Article 282 of the Criminal Law, the crime of illegally obtaining state secrets requires the perpetrator to obtain classified information through theft, espionage, bribery, and other means. If drones collect geographic information of sensitive areas such as military management zones and nuclear facilities without permission, it may constitute the crime of illegally obtaining state secrets. In addition, violating regulations such as the Data Security Law and the Personal Information Protection Law by illegally providing important data to foreign countries may constitute the crime of intentionally leaking state secrets under Article 398 or the crime of illegally obtaining computer information system data under Article 285 of the Criminal Law.

（3） Legal application risks of emerging business models

The innovation of low altitude economy puts some behaviors in a legal gray area, posing challenges to judicial practice. For example, if a traffic accident occurs during the delivery process of a drone, can the crime of causing a traffic accident under Article 133 of the Criminal Law be applied; Under what circumstances can emergency landing behavior in urban air traffic be recognized as emergency avoidance according to Article 21 of the Criminal Law. These issues require judicial authorities to make a comprehensive judgment based on technical characteristics, behavioral motivations, and social harm, in order to avoid excessive criminalization caused by mechanical application of laws and thus suppress industrial innovation.

2、 The practical value of the principle of modesty in criminal law

The principle of modesty in criminal law emphasizes the last resort nature of punishment, requiring the state to use criminal accountability only when other social governance measures fail to achieve their goals. This principle has special balancing value in the field of low altitude economy, which can effectively resolve the contradiction between security and innovation:

（1） Reserve trial and error space for technological innovation

As an emerging industry, the low altitude economy undergoes rapid technological iteration, and enterprises are inevitably prone to technical errors during the exploration process. The modesty of criminal law requires judicial organs to distinguish between "innovative trial and error" and "illegal crimes". For minor violations that do not cause significant harm, priority should be given to handling them through administrative supervision, industry self-discipline, and other means. If a company deviates from the scheduled route due to temporary navigation system malfunctions during drone logistics testing and does not cause actual damage, it can solve the problem by ordering rectification and strengthening technical supervision, rather than directly initiating criminal proceedings. This inclusive attitude helps to protect the innovation enthusiasm of enterprises and promote technological progress.

（2） Promote the formation of a hierarchical governance system

According to the Interim Regulations on the Flight Management of Unmanned Aerial Vehicles and other regulations, China has established an administrative supervision system of "classified management and collaborative supervision". The modesty of criminal law requires judicial organs to respect the pre role of administrative supervision, and to regulate behaviors such as "black flying" and illegal data collection through electronic fences, flight approvals, administrative penalties, etc. Only when the behavior has serious social harm will criminal responsibility be pursued. For those who violate regulations for the first time and do not cause harm, administrative penalties such as warnings and fines can be imposed, and governance goals can be achieved through "education+rectification", reflecting the flexibility of the law.

（3） Promote the construction of corporate compliance system

The concept of modesty in criminal law will encourage enterprises to actively build a criminal compliance system and integrate legal risk prevention and control into the entire process of business management. By establishing internal compliance systems, conducting legal training, and establishing risk warning mechanisms, enterprises can effectively reduce criminal risks. Enterprises should establish a strict quality control system in the manufacturing process to ensure that products meet safety standards; In the flight operation process, strict adherence to airspace usage regulations and implementation of real name registration and flight approval systems should be carried out. This concept of 'compliance is safety' not only safeguards the legitimate rights and interests of enterprises, but also maintains the public interest.

3、 How to grasp the principle of modesty in judicial practice

In the handling of low altitude economy related cases, judicial authorities need to accurately grasp the principle of criminal law modesty, ensuring that judgments not only safeguard public safety but also promote industrial development:

（1） Strictly distinguish between administrative violations and criminal offenses

Judicial authorities should strictly distinguish between administrative violations and criminal offenses. If the behavior does not cause actual harmful consequences and the perpetrator promptly corrects it, it can be determined as an administrative violation and subject to administrative penalties; If the behavior endangers public safety or national security, criminal responsibility shall be pursued in accordance with the law.

（2） Pay attention to the connection between technical standards and legal standards

When it comes to professional issues such as aircraft quality and flight safety, judicial authorities should refer to the technical standards issued by the Civil Aviation Administration of China and other departments to ensure the accuracy of legal application. When determining whether an aircraft meets safety standards, relevant technical specifications can be used for identification, striving for rigor and objectivity.

（3） Explore diversified ways of assuming responsibility

For crimes with significant subjective malice and serious consequences, judicial authorities should crack down severely; For minor criminal acts with minor subjective malice or no subjective malice, and without causing serious consequences, disciplinary measures such as admonishment can be adopted, or administrative penalties can be recommended to administrative agencies to achieve the unity of legal and social effects. For enterprises that commit crimes for the first time and actively rectify them, they may be given lighter punishments in accordance with the law, and their compliance with regulations will be encouraged.

4、 Exploring the Path of Criminal Compliance for Low Altitude Economy

Market entities participating in the low altitude economy should start from research and development, manufacturing, flight operations, data processing, and other aspects to build a scientific criminal compliance system, which can be developed from the following dimensions:

（1） Compliance points in the R&D and manufacturing process

1. Quality and safety control

Enterprises should strictly comply with the Civil Aviation Law and relevant national standards, and establish a full process quality control system. In drone manufacturing, it is necessary to ensure that key components such as power systems and navigation systems meet safety requirements and reduce legal risks through third-party certification. At the same time, for technology research and development involving state secrets, the "Law on Guarding State Secrets" should be followed, and a system for managing personnel involved in secrets should be established to prevent technology leakage.

2. Intellectual property protection

Enterprises should strengthen the intellectual property layout of core technologies and provide comprehensive protection for patents, trademarks, trade secrets, etc. By applying for patent protection for innovative designs and signing confidentiality agreements to prevent the leakage of trade secrets. In collaborative research and development, clarify the ownership of intellectual property rights to avoid infringement disputes.

（2） Compliance points in the flight operation process

1. Airspace Usage Standards

Flight activities should strictly comply with the Interim Regulations on the Management of Unmanned Aerial Vehicle Flights, and apply for flight plans through official platforms in advance to avoid "black flying". Enterprises can use electronic fence technology to restrict aircraft from flying within authorized airspace, and use technological means to monitor flight trajectories in real time to ensure that they do not enter sensitive areas and prevent the risk of violations from the source.

2. Real name registration and security management

Enterprises should implement a real name registration system for aircraft and operators, and establish a sound safety management system. Unify the identification of drones, record flight logs, regularly maintain equipment, and ensure flight safety. At the same time, strengthen the training of operators to enhance their legal and safety awareness.

（3） Compliance points in the data processing stage

1. Data Collection and Usage Standards

When collecting geographic information and other data, enterprises should clarify the scope and purpose of the collection to avoid illegally obtaining confidential information. Agree on the area and usage of data collection in the contract to ensure compliance with legal and regulatory requirements. For sensitive data, it is necessary to encrypt storage and transmission to prevent leakage.

2. Cross border data transmission management

When providing data overseas, one should comply with the provisions of the Data Security Law, undergo security assessments, and follow corresponding procedures. Enterprises can establish a data classification and grading management system to strictly protect important data and prevent unauthorized cross-border transmission.

（4） Construction of Enterprise Compliance System

1. Establish a dedicated compliance organization

Enterprises can establish specialized compliance departments or positions responsible for formulating criminal compliance policies and supervising the compliance of business processes. Develop the 'Criminal Risk Prevention and Control Manual', clarify the compliance responsibilities of each department, and embed compliance requirements into various aspects such as research and development, production, and operation.

2. Conduct regular compliance training

Regularly organize legal training for employees, taking into account the characteristics of low altitude economy, to learn about relevant criminal legal risks and preventive measures. Improve employees' compliance awareness and coping ability through case analysis, simulation exercises, and other methods.

3. Seek professional legal assistance from external parties

Enterprises can seek professional lawyers for compliance counseling to build a strong legal defense for the company. When a company faces legal disputes or regulatory investigations, lawyers can respond quickly with professional skills, provide effective response strategies, reduce the impact of legal risks on the company, and safeguard the company's legitimate rights and reputation.

Conclusion

The development of the low altitude economy requires a dual wheel drive of security and innovation, and the principle of modesty in criminal law provides important legal guarantees for achieving this goal. By clarifying the boundaries of criminal regulation, constructing a hierarchical governance system, and promoting corporate compliance, we can effectively prevent and control security risks while leaving space for innovative development. Judicial authorities should adopt a cautious attitude in handling cases, accurately grasp the legal scale, ensure the healthy development of the low altitude economy on the track of the rule of law, truly achieve a balance between security and innovation, and let the "sky blue ocean" of the low altitude economy shine brighter in the era.