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Legal Issues Of Aviation Security On Board

Posted on:2017-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2336330503988016Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since the first hijacking incident in civil aviation history, aviation security on board become an important factor influence the stable development of civil aviation transportation. After the terrorist attacks of September 11, aviation security on board become a research hotspot in the field of aviation law. Aviation security on board refers to the combination of using human and material resources to protect aircraft and persons and property in aircraft from unlawful interference behaviors during the flight. It aimed at protect the aviation security, prevent and defeat those illegal behaviors to aircraft and persons and property in aircraft during the flight.As a civil aviation transportation power, China has been actively advocating and participate in the development of international aviation security rules, performing responsibilities and obligations ruled in the international aviation security treaties initiatively, convert the convention contents into domestic legislation. Compared with the modernization of international aviation security rules, however, there have lots of problems in Chinese aviation security on board, which is special highlight on legislative issues, the classification of responsibility and power among the security bodies and enforcement process on board. On legislative issues, which lack of regulation of applicable relationship between Chinese aviation security legislation on board and international aviation criminal convention, the penal law lack of regulation of the new aviation crimes, there hasn't a distinguish and define to the natures and types of illegal behaviors on board strictly in civil aviation law,the existing laws and regulations and rules lagging behind the development of civil aviation seriously. In terms of the responsibility and power of the security bodies on board, there has a responsibility and power overlapping among the captain, air marshal and the aviation security officer. The legal status of the captain and the air marshal lack of regulation,the existing number of air marshal and the aviation security officer can't meet the needs of the growing civil aviation passenger transportation, the aviation security forces on board is still very weak. In terms of enforcement procedures on board, there are still difficult on investigation, the using and equipping security equipment lack of regulation, the air and ground aviation security lack of coordination and such problems. To solve above problems, firstly, it need to perfect Chinese aviation security legal system, confirm the applicable pattern of the international aviation security convention, increase the provisions of the criminal law to the new typeaviation crime, defined on the legal nature of illegal behaviors strictly, promote the legislation of Chinese aviation security on board modernization. Secondly, it should be specified on the responsibility and power of aviation security bodies on board,clear the responsibility and power. Establish the legal status of aviation security bodies on board, allocate the aviation security bodies on board rationally. Finally, it need sound to perfect the enforcement procedure on board, ruled the enforcement and investigation procedure on board, ruled the equipping and using the security equipment on board, establish the linkage mechanism of air and ground aviation security.
Keywords/Search Tags:aviation security, unlawful interference behaviors, disturbing behaviors, aviation crime on boar
PDF Full Text Request
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