A Legal Study On The Punishment On Unruly Passengers In Civil Aviation

On 5th,December,2015,when the flight KE086 from Kennedy Airport of New York to Incheon was about to leave,the former deputy head of Korean Air,Zhao Xian’e required the captain return to the boarding gate and let the purser off the plane, dues to the stewardess provided the nuts which were bagged but not carried on the dish.In first trial,she was sentenced to one year.On 30 th,November,2015,on the China International Airlines flight from Kuala Lumpur to Beijing,a Chinese passenger named Zheng Hao jokingly told the flight attendants he was carring a bomb,the police immediately rushed to the scene and thorough searched the cabin and found no bomb, this caused the flight delay for a long time. And finally Zheng Hao was sentenced to jail for five days and fined of 7000 ringgit(about 2300 SGD) by the Selangor Sepang court.On 11 th,November,2015,Passenger Tao used his phone just 5 minutes before landing and didn’t listen to discourage in the flight SC4803 from Xiamen to Nanjing, and was sentenced to a 5days’ administrative detention.In recent years,both in the domestic and international air transport,the unruly passengers seems to be more and more.Fight,get drunk,or pick a quarrel and make trouble,abuse crew members is not uncommon.Not only becomes a great threat to the flight,but also affect the other passengers travel and often causes the carrier and airlines a great loss.So when was this kind of behavior produced?And how to punish this kind of unruly passengers for protecting the security of civil aviation?If we want to get the answer of the question above,we can look up the documents on the security to International Civil Aviation.The 1963<Tokyo Convention> is the core of the International Convention which mainly contained the regulation to the unruly passengers.Notice 288 approved by the International Civil Aviation Organization is specifically aimed at solving the problem of unruly passengers. And the 2014<Tokyo protocol convention> which according to the new types of unruly passengers.Combining the international covenant with the domestic law of the United States,the United Kingdom,the Republic of Korea and China.To make clear of the change,the type,the classification of unruly passengers.Knowing which countries have the jurisdiction of unruly passengers,and if the jurisdiction has changed as the time passed,How the jurisdiction of the domestic law of the Contracting State shall be connected with the international convention to act as a prerequisite for the punishment of unruly passengers.What the captain’s rights can play a role in the regulation of unruly passengers,and other appropriate bodies which have the right to deal with the unruly passengers,the provisions of the domestic law of various countries and the punishment measures for unruly passengers.The essence of things is constantly developing,in different periods of development,there must be some defects on the punishment of unruly passengers,even the latest International Security Convention and domestic law is not perfect on solving those questions.There are still some problems,and we are going to analysis them.Generally speaking,the punishment of the unruly passengers not only needs the regulation of the unified rules of the international aviation security convention,but also requires the connection between the domestic law and the international aviation law.During the process of modernization of the 1963 Tokyo Convention,till the 2014 Tokyo Convention Protocol adopted, regulation of the scope of the crime in the aircraft continues to expand.The jurisdiction to the punishment of unruly passengers achieved a major breakthrough.It was changed from the "parallel jurisdiction" lead the "jurisdiction blank",to made the "landed jurisdiction" and "operator jurisdiction".As a supplement to the right of the captain,it added security staff rules,the domestic law will continue to follow up the International Convention and update,that’s to say the punishment of the unruly passengers made a serious of progress.There is no way in the world until many people go on the road and make it a way. The punishment of unruly passengers also need to be constantly enriched and rigorous in the exploration of time and practice.Law is indeed lagging,but conforming to the development of the times and constantly improve the legal system will show legal Scientific nature.Related aircraft crime and other acts will be punished more strict and powerful by international laws and domestic laws to curb the occurrence of such phenomena.Make the civil aviation industry can have a safe,orderly and stable development.