Research On The Criminal Responsibility Of Captain In The Air Crash

In the accident flight, the captain as a special subject of civil aviation, enjoy certain rights and should fulfill certain obligations, for failure to properly exercise the powers or obligations captain should pursue its responsibility, which is China's "Civil Aviation" The specific demands. But the accident flight captain criminally prosecuted judicial proceedings,to the captain's behavior how to apply the theory and practice gaps on a number of specific issues, such as charges and conviction and sentencing. 2013 "Yichun crash" Captain Qi Quanjun parties alleged incidents of major crime case of flight trial is the first time due to the accident flight captain investigated for criminal responsibility, the case study of the importance of the commander in the field is not criminally responsible self-evident.Hearing the case, on the one hand, showing major crime incidents as a constraint aviation flight personnel of the special subject of significant charges, can no longer be shelved, the future will play a more important role in regulating the captain aviation personnel in the field and even criminal liability. On the other hand, the case of the captain tried to reflect our existing criminal system is still inadequate. Major air accidents such as to further improve the representation of sin and punishment provisions setting, rich captain of criminal charges related to the statutory duties set according to the captain, the establishment of such crime Danger save other new drugs. Special provisions for follow ICAO more fruit because of a flight accident investigation and judicial confirmation of responsibility. Speed up the revision "Civil Aviation" and the captain and other criminal system supporting laws and regulations and other measures for the improvement of the accident flight captain criminal system to protect the health and safety of civil aviation development has a positive effect.