| In the risk society,the risk sources in civil aviation is increasing and becoming more and more difficult to control.As a result,civil aviation accidents occur frequently.Thanks to a series of laws and regulations of civil aviation,challenges to criminal law by the risk society has been tackled effectively.Since the growing civil aviation hazards recently has brought unprecedented threats to China's civil aviation,it is of great necessary to revisit the law legislation in crimes of endangering public security in civil aviation from the perspective of risk criminal law theory.However,it finds out that due to shortcomings and defaults of the Convention on International Civil Aviation in defining crimes of endangering public security,its transformation and application in China is not satisfied.As an atonement,it is urgent to definitude and take pre-set and even all-round measures to protect the legal interests of civil aviation.Hence,under he risk criminal law theory and legal interests of civil aviation and based on the Convention on International Civil Aviation,the paper makes a comprehensive discussion on the pre-set protection of legal interests of civil aviation from levels of crimes including administrative crimes,preparatory crimes and abstract potential damages and focused on the all-round protection of legal interests.In the paper,an interpretation on emerging and knotty issues in civil aviation like destructing facilities,violence in civil aviation and spreading false information has been given under the three-tier crime concept.Focused on identifying whether these emerging threats should be considered as crimes,the paper committed to improve the public security legislation system of civil aviation.To meet the potential difficulties brought by blindly pre-protecting legal interests,it points out that a balance between legal interests protection and others' human rights should be considered so as to provide better protection for legal interests of civil aviation. |
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