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The Protection And Legistilative Research On International Aviation Related Crime

Posted on:2006-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:J QiuFull Text:PDF
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International aviation related crime, which is a terrorist crime posing great threat to the international aviation industry, with its growing trend, needs international efforts of cracking down. Meanwhile, current reality fills with less research in the field, insufficient international consensus, and long existing practical and theoretic incompetence. This essay, based on the current legislation related to the International aviation crime, analyses the contents and principles of the four acting international convention as well as the conviction classification and inscape of three major aviation related crime, namely crime of skyjacking, crime against the safety of aerostat, crime of sabotaging the safety of aerodrome. It also comprehensively lays out the comparison of the four acting international convention and the countries' domestic legislations in the aspect of the style of manifestation, the characteristic ascription of the crime and the contents. It can be seen that the national domestic legislation, setting up on their basical background, varies from one another when stipulates the international aviation crime in most areas. Focusing on the Chinese Criminal Law aviation concerned as well as the Chinese Civil Aviation Law, this essay discusses and analyses bilateral relationship between international and domestic legislation, the defect and the solution of the Chinese legislation. It poses primary suggestion on the national legislation and personal view on jurisdiction and extradition, which are the two key means of prevention of the crime. Our domestic legislation is in the process of innovation which should be modified in accordance with the situation of the country on one side, on the other side, it should be avoided the simplification and crudeness. Last but not least, the preventionagainst aviation related crimes should be built up in a systemic way including methods towards people, the particular object and administrative system execution and supervision of the legal system as well.
Keywords/Search Tags:Avation related crime, International Convention, Current Legislation, Punishment, Prevention
PDF Full Text Request
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