The Study On Exercise Problem Of Police Power Over The Field Of Civil Aviation

In the field of civil aviation,police power is to maintain the security and order of the civil aviation transportation,the personal prop erty safety of staf f and passengers.By the constitution and the law,the civil aviation p ublic security or gans and relevant personnel exercises their public power of pub lic security administration and criminal investigation.It is widely believed that the nature of the police po wer combines executive power with judicial power.And the police power has the characte r of compound,so it includes adm inistrative power and investigation power.The police power over the field of civil aviation must belong to the police power,and it m ust have the natu re and character of the police power,so the police power over the field of civil aviation in cludes administrative power and investigation power.The police power over the field of civ il aviation possesses mandatory,legitimacy and exclusive,so the polic e power n eeds to b e exercised according to the cons titution,laws,regulations and policy.On the exercise of police power over the fiel d of civil aviation,adm inistrative power is widely used.The subject of the adm inistrative power not only includes the competent department of civil aviation airport public se curity organs and public security or gans personnel and air marshals,which exercise authority under the limit of power,but also covers the authorized body,such as pilot-in-command,aviation security officer and safety inspectors.Due to the rapid developm ent of our country' s civil aviation transp ortation industry,we mostly reference the m odel of technology and management in the United S tates.But in practice the subject ex ecutes duty according to the dom estic laws and regulatio ns,which arises some problems.There are two m ajor aspects: on the one hand air police as a civil servant is jointly managed by the administrative authority and enterprises,on the other hand existing law could not clarify why us e non-police people can exercise the administrative power.Although the civil aviation public security organs and the “railway,transport,forestry” play a role in “four specialized public security organs which have Chinese characteristics”,and the exercise of target is preventing illegal behavior and criminal behavior.,but the civil aviation public security's responsibilities and powers have obvi ous difference with the others three.,because in the field of civil aviation the crime has characters of internationality,burstiness and technology.At the same time,it determines the civil aviation police rights,especially the right of the police in the indictm ent is not only has the characteristics of localization,but also has the characteristics of internationalization.Therefore,we bo th need to strengthen the civ il aviation public secu rity within the system,the civil avia tion public se curity and the loca l public security coordination be tween mutual aid,and also need to strengthen the cooperation in crim inal judiciary between count ries and national crim inal institution.In addition,in order to deal with all kinds of cases which are sudden easy to cause panic,collecting and investigating the crime information before case filing is a very effective means.Especially for devastating terrorist crime,these crimes can be ef fective to “kill th em in the bud”.Finally,through strict crim inal law of ci vil aviation,to strengt hen the international policing cooperation and increase the internal and external supe rvision,to achieve perfecting the effective connection between the exercise of adm inistrative power and investigation power over the field of civil aviation.