| Under the ever-changing international situation, the development momentum of terrorist activities is spreading from regions to the whole nation and the monotonous terrorist activities are showing a diversified and trans-industrial trend. According to the data stated in Work Report of Supreme People's Court released on the Third Session of the 12th National People's Congress on March 12th,2015, the courts at all levels concluded 558 criminal cases of inciting to split of the state and of violent and terrorist attacks in 2014 and 712 criminals in total were judged to be guilty, increasing 14.8% and 13.3% respectively on a year-on-year basis and showing a soaring posture. Whereas, the sustainable development of Chinese economy has determined that the civil aviation industry will maintain the speedy development in the following twenty or even thirty years. Based on the data stated in Statistical Bulletin of National Airport Production in 2014 released by the civil aviation administration, the main production indexes of national airports in 2014 demonstrated a steady growth, presenting an increase of 10.2% compared to that of the previous year, among which the passenger throughput achieved 831.533 million. The increasingly serious situation of anti-terrorism and stabilization as well as the rapid development of civil aviation industry have brought more challenges and stress to the civil aviation security. Civil aviation security as well as the effective hijacking prevention and restraints have been considered as the key and difficult points in the civil aviation industry. Based on the analysis of "the 911 terrorist attack" happened in the USA, hijacking cases are strongly abrupt with great damage and high technology, and are implemented by criminal gangs with strict management and high confidentiality, which usually cause difficulties on the investigation. Therefore, hijacking investigation now is an important subject to be studied on in the field of the civil aviation security. Hijacking cases are the most vital part of terrorist crimes and endowed with inborn industrial characteristics; hijacking investigation is more than the investigation on certain criminal behaviors as it initiates deep thinking on the investigation system concerning terrorist crimes.Through multiple research methods including comparative analysis, historical analysis, empirical analysis as well as deduction and induction, and based on fundamental theories of investigation system concerning hijacking cases, the paper has compared theories and practical experiences of investigation systems concerning hijacking cases in the UK, USA, France and etc., carried out summary and deduction based on the existing entities and legal procedures including China's Criminal Law and Criminal Procedure Law, evaluated and reviewed the advantages and disadvantages of existing system, and proposed suggestions on the improvement of investigation modes, methods and management. There are in total seven chapters in this paper.An overview of the investigation system of hijacking cases has been introduced in the first chapter. Firstly, the concept, missions and development history of investigation system of hijacking cases have been sorted out. Then crime characteristics and causes of hijacking have been concluded and analyzed. Based on the anti-hijacking systems and rules implemented in major aviation countries such as USA, UK, France and India, introspection on the domestic hijacking investigation system has been carried out and the development direction as well as modes of the system have been designed initially. Although hijacking cases belong to criminal offense, they take a significant position in the current terrorist crimes with unique characteristics, strong destructiveness and severe social harmfulness. Thus, hijacking investigation possesses particularity in pattern, purpose and method. The paper aims to provide suggestions on hijacking investigation and play a leading role in the anti-terrorism.Legal sources of hijacking investigation as well as the relation between case recognition and investigation have been expatiated in the second chapter. Based on the analysis of the international convention evolution concerning hijacking cases, development of domestic laws, elements of crime and relevant criminal relationship, this part has laid a legal and theoretical foundation for feasible investigation patterns, methods and management stated in following chapters. Meanwhile, in combination with the demands of anti-terrorist governance, the concept of legalized hijacking investigation has been proposed, the fairness and efficiency of hijacking investigation have been discussed and the relation between fighting crime and protection of human rights has been explored. At last, suggestions such as "restraining order", improvement of extradition treaties, establishment of anti-hijacking laws and strengthening of legislation concerning low-altitude areas and general aviation field have been provided to ameliorate the legal environment of hijacking investigation.The subject of hijacking investigation has been discussed in the third chapter. The subject is the most active human factor in the investigation, whose executive force determines the effectiveness and feasibility of hijacking investigation. Through analyzing the current situation and drawbacks of hijacking subject nowadays, reform ideas and necessary ways have been proposed boldly in this part. As to the form of organization, the authorities and functions of airport public security, air police and related departments should be clarified, and the organizational system of anti-hijacking under the new circumstances should be set up to enhance the accuracy and effectiveness. Simultaneously, on the investigations into the specific law-enforcing environment, suggestions have been proposed on the legislation of investigation power possessed by airport public security and air police to prevent the abuse of power while endowing greater power.Hijacking investigation modes under the leadership of intelligence have been stated in the fourth chapter. Discussions on the investigation modes in different countries, the definition of concepts and the selection of hijacking investigation modes in accordance with Chinese conditions have been carried out. Hijacking investigations should be led by and focusing on intelligence information, carried out by means of investigative methods and measures, based on daily prevention and guaranteed by emergency response. The four steps are linked with one another in the form of scheduled management or management according to the development, and form an organic combination in a closed structure. In the era of big data, the proactive investigation mode led by intelligence should be driven by big data related technology to realize panoramic, integrative and cloud investigations, and energetically push forward the transformation of hijacking investigations from traditional passive, extensive and manpower-intensive mode to the proactive, precise, information-intensive and highly technological mode.Clue discovery and investigative methods of hijacking cases have been discussed in the fifth chapter. During the hijacking investigation, due to the suspects'increased ability of anti-reconnaissance, the detecting capacity of civil aviation public security organs has been weakened and problems including difficult crime discovering, evidence transformation and legal basis have emerged. Disadvantages of the public security when investigating into hijacking cases, such as blocked coordination mechanism, unitary investigative means and inefficient technological level, are prominent. From the perspectives of time and space, all-dimensional discussion and statement have been implemented on the investigation methods from the aspects of secret investigation and cloud investigation. This part also expatiates the concrete methods to utilize investigation modes introduced in the fourth part.The management system of hijacking investigation has been stated in the sixth chapter. As the broad coverage, based on the top-level design, knowledge related to management has been fully applied to the hijacking investigations from the perspectives of strategic management, organizational management, system analysis, precautionary management and emergency management. It is proved that as a part of civil aviation security, hijacking investigation is also an important part in anti-terrorism.Conclusion is provided in the seventh chapter. Introspection and suggestions have been proposed on the current system by reviewing the full paper, including establishment of cooperative mechanism of law enforcement and acceleration of legalization. Management ideas should be transformed to restrain the hijacking crimes fundamentally and achieve the crime reduction and prevention. |
PDF Full Text Request