Crime Of Harm On Civil Aviation Security

The international terrorism crime has now worldwidely jeopardized countries' security. This dissertation attempts to introduce the international convention, domestic and foreign legislations on harm civil aviation crime, which is always the punishment on the most serious terrorist crime, and some practice, discussing the applying law on the crime of harming civil aviation security, constitution and punishment. Crime on harming civil aviation, from " Convention on offences and Certain other Acts Committed on Board Aircraft " firstly defined the kidnapping aircraft crime ," Convention for the Suppression of Unlawful Seizure of Aircraft"," Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation " and " Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation " had made the further detail definition subsequently. The so-called harm civil aviation crime, generally includes three kind of crime on harming civil aviation security, Kidnapping aircraft crime in " Convention on offences and Certain other Acts Committed on Board Aircraft" and " Convention for the Suppression of Unlawful Seizure of Aircraft ", The crime of harming aircraft flight safety in " Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation ", and the crime of harming international civil aviation airport security in " Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation " . In the variety of countries' legislation, kidnapping the aircraft is generally convicted to one crime, established many charges on other behavior of harming aircraft flight safety crime and international civil aviation airport separately.On the criminal punishment , the harm civil aviation crime is not the same as the genocidal crime, intrusive crime, counter-humanity crime , under the jurisdiction of the international criminal court, in the convention, signatory states promised to punish this kind of crime by the severe penalty, this means it must be carried under the multi-countries' domestic jurisdiction, the actual practice involves the problem of criminal jurisdiction acknowledgement, judicial assistance and extradition . " Convention for the Suppression of Unlawful Seizure of Aircraft" and " Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation " define the parallel jurisdiction system, confirm the principal of universal jurisdiction, either prosecution or extradition, providing the legal basis to prosecute such crime, but there is no solution to jurisdiction conflict. The author argued that the aircraft registration country has the priority to take the jurisdiction on the crime of kidnapping aircraft , crime location country take the priority under the specific situation as the exception; the aircraft registration country and crime location country take the jurisdiction on Harm aircraft flight safety crime and harm international air airport security crime separately.During our punishment on harm civil aviation crime, we have concrete provision in civil aviation law on criminal which defined in international convention, we also have quite comprehensive stipulation in the criminal law, this provides powerful guaranty to punish criminal. During our establishment of domestic law, we must not only incorporate the spirit and principal of international convention , but take into account of the local cultural tradition, social condition, and the technical limit on legal framework. Inevitably, there is difference between the domestic law and international convention . By analyzing this difference, author point out the shortage in the criminal law, propose to revise the definition of the crime of compiling, distributing false terrorism information , add the crime of endangering the airport security , aggravate punishment on violent criminal to endanger the flight safety and clarify the definition of flight safety, help to accurately determine the crime, guilty or innocent , this crime or other, and the punishment scale by applying the clauses in the criminal law during the judicial practice.