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On The Civil Acts Of Unlawful Interference And Its Legal Countermeasure

Posted on:2016-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:H H YangFull Text:PDF
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In recent years, more and more passengers choose to ride the airliner travel, airlinerhas not only the comfortable, fast, safety but also greatly improve travel efficiency.However, with the development of civil aviation transportation, but also the emergence of a large number of acts of unlawful interference, these acts not only harm the public interests, endanger the safety of civil aviation, and even formed a significant impact on the state security.At present, China’s civil aviation safety incidents of illegal interference quantityincreased year by year, the situation is becoming increasingly severe, these illegal interference of Civil Aviation Act, will disturb the normal order of navigation safety of flight, destruction of the aircraft, the malignant accident or even lead to the plane crash. Aircraft in flight in a fully closed state, to rely on external forces to stop acts of unlawful interference sudden difficulty is very large, because of the weakness of the security forces on the aircraft, more difficult to stop in time and control the acts of unlawful interference, effective control of the situation. Aiming at these problems, we must adopt the methods by using the method of system analysis, to study on the occurrence regularity of acts of unlawful interference. Because there are many problems inlegislation and to deal with acts of unlawful interference in our country, how to effectively curb the acts of unlawful interference, become the civil aviation administrative organs, enterprises and institutions and civil aviation, the airport public security organsfacing the common task.The topic of this paper is to perfect our country illegal interference of legal liability system of civil aviation security field, fill the loopholes in the law. Due to acts of unlawful interference with multiple and diverse, the relevant laws of our country lags behind theactual. Based on the international security conventions and laws of our country, puts forward the countermeasures and suggestions from the legislation to curb illegalinterference, is conducive to the relevant departments, improve laws and regulationsrevised based on the integration of the relevant legal provisions of our country on,make it more effectively curb the acts of unlawful interference. This article will aim at the reality, based on the civil aviation industry management practices, combined with real case, carry on the research analysis the basic characteristics, acts of illegal interference in the domestic and foreign development trend, find out the existing legislation and the disposal of illegal interference problems,combined with the relevant international convention security, learn from foreignexperience to curb curb illegal interference proposed countermeasures and suggestions in China acts of unlawful interference.The article uses the comparative method, the value analysis of civil aviation law,empirical analysis and other methods of illegal interference behavior and its legalcountermeasure is an overview of acts of unlawful interference. Respectively on acts of unlawful interference concept, classification and features. The second part is the empirical study of China’s acts of unlawful interference. Respectively inspects our country acts of unlawful interference situation and China’s illegal interference existinglegislation and the disposal of the problem. The third part is the Countermeasures ofacts of unlawful interference containment of china. Discusses countermeasures of foreign experience to curb acts of unlawful interference reference and China to curbacts of unlawful interference. The latter includes the perfection of legislative acts of unlawful interference, construction of civil, administrative and criminal sanctionscoordination system of norms consistent and actively prevent the occurrence ofacts of unlawful interference.In this paper, strive to make innovations in the following aspects:one is the detailed analysis of illegal interference in civil aviation field survey, refining the acts of unlawful interference characteristics. Two is put forward to deal with civil acts of unlawful interference, a frequent and Countermeasures to solve the rising momentum. For example, the recent civil aviation suffered consecutive multi skyjacking, bombingterrorist threat information, mostly false terrorist information. If individual passengers without an emergency occurs when opening the machine emergency safety door events did not agree with the. These specific behavior in the criminal law definition is rather vague, according to these new situations and new problems, this legislative proposal will be put forward practical. Three is to realize the organic unity of international conventions and the laws of our country security recommendations. Four is recommended to be civil acts of unlawful interference concept formally introduced toChina’s law, and be clear. The five is proposed to improve the revision of existingagainst acts of unlawful interference laws, regulations, rules and regulations, industry standards and regulatory documents. Multi angle, a full range of proposals to curb illegal interference occurs.
Keywords/Search Tags:civil aviation, acts of unlawful interference, aviation security, An BaoliFrance
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