Research On The Legal Issues Of Performing International Aviation Security Treaties Of Our Country

Since 1978, with the reform and opening up,our economy develop very fast,the international cooperation has enhenced.So civil aviation transportation is playing a more and more important role in the development of our economy.Travelling on a plane has reached a wider access and affected all aspects of people's life.It is becoming a part of people's life gradually.With the development of air transportation industry,a series of domestic and international problems appear constantly. “9? 11” terrorist attack in 2001 made people knew that the civil aviation transportation is no longer safe,and it is used by criminals in all countries.Civil aviation crime is becoming the first threat to the safety of international civil aviation.Countries realize that it is time to build the international cooperation to crack down all kinds of illegal behavior s,which attack the safety of the international civil aviation.Since 1960,the Tokyo convention,the Hague convention and the Montreal convention or the Montreal convention supplementary protocol and the convention on Beijing and the Beijing protocol and a series conventions of protecting the international aviation security have issued.These conventions have helped to fight against the threat of the international civil aviation safety.These illegal behaviors have been defined as a crime,in order to safeguard the freedom of using airplane,and bulid a harmonious and orderly global village.Although the international aviation security treaties constructed a relatively complete legal system,but China's legal system still fall behind the international legislation.There are all kinds of problems needed to be resolved.In 1996,the civil aviation act was enacted to standarize the civil aviation transportation,including classify the behavior of attacking the safety of civil aviation.But when criminal law published in 1979 has been replaced by criminal law in 1997 with nine amendment,the civil aviation act is still on the state of a dozen years ago.As a result,two acts do not match well which caused great obstacles to maintenance the civil aviation transportation. At the same time,due to China's national conditions and other political and economic reasons,our current criminal law does not match with the international aviation security treaties,including charges and charges set.Such problems has provided an opportunity for criminals.This article analyse the content of the international aviation security treaties, and the differences between the domestic legislation the international legislation, points out the present weakness of the domestic legislation. At the same time, this article embarks from the legislative situation in our country, and puts forward some suggestions to the civil aviation law,the criminal law and the relevant laws and regulations, in order to promote our domestic legal system of civil aviation safety.There are four sections in this article. The first part is about the content of the international aviation security treaties,mainly for definition of the international aviation security, jurisdiction, applicable object and the time and the legal problems in the procedural law.The second part is discussing how the current domestic legislation match with the international aviation security treaties, this part is from the perspective of domestic legislation in our country, including the civil aviation law,the criminal law and the relevant laws and regulations,analyzing which part do match with the international aviation security treaties and which does not.This part is to lay the next part. The third part mainly analyzes the defects of legislation in our country, mainly for the civil aviation act, criminal law in 1997 and other normative legal documents, which mainly demonstrates the problems in the current criminal law in our country, including that the description of the crime is not accurate, the constitutive requirements of crime and the international aviation security treaties is not unified, the interpretation of the noun and the international aviation security treaties is not consistent, handling of the conflict of jurisdiction is not appropriate and the threaten criminal is not be punished. The fourth part is about legislative suggestions of protecting the safety of civil aviation in our country, this part is based on the content of the international aviation security treaties,and puts forward legislative suggestions on domestic legislation in China,in order to perfect the legal system to protect the safety of civil aviation in our country.