The Study On The Problems Of Administrative Crimes In Civil Aviation

The administrative crimes in civil aviation is a reflection of the people's insecurity about civil aviation safety in the field of criminal law under the current risk society,and it is also a kind of social control way that the country deals with the increasing new security risks by legal means.It's belongs to the notional category of criminal law,but both has administrative illegality and criminal illegality,so it promotes the transformation of criminal law research based on the connection of criminal law and administrative law.On this basis,the theory of researching the relationship between criminal law and other laws is used as a methodology,and the illegal acts which has double illegality but has not constituted an administrative crime are introduced into the traditional concept of administrative crimes,and the administrative crimes in civil aviation are defined as administrative crimes and administrative criminal illegal acts which violate the criminal law and administrative law in the field of civil aviation,and endanger civil aviation transportation management.Furthermore the categorization and arrangement are did in progress in order to deal with the rising tendency of the administrative crimes in civil aviation.In general provisions of criminal law,focusing on the option of constitutive elements of administrative crimes in civil aviation,and choosing the problems such as the relationship between prepositive norm and the criminal facts,the criminal illegality cognition,the strict liability and the reasonable expectation to study with the purpose of a basic research in the theory of administrative crimes in civil aviation.In specific provisions of criminal law,the study abroad on the administrative crimes in civil aviation can be divided into two aspects,which are calculated crimes and negligent crimes.In this way,the analysis of some specific administrative crimes in civil aviation can be finished by applying theoretical elements to specific crimes,especially by using the conception of "soft law",the research of the special role of "soft Law" in China management of administrative negligent crimes in civil aviation can be original,specific and case-based.In the part of penalty,focusing on the Chinese punishment structure of administrative crimes in civil aviation,the realization of venial penalty,and the judicialization of administrative detention about administrative criminal punishment,the misdemeanor system of the administrative crimes in civil aviation can be build up,which combining the criminal law and the administrative law,and fitting punishment with crimes.In general,in order to face up to the arrival of a trend of administrative crimes,some key issues on the structure of criminal law such as the constitution of crimes,the penalty structure and the legislative style of administrative crimes in civil aviation should be consummated firstly,and both“hard law”like civil aviation law and administrative law and “soft law”such as standards in civil aviation and technical specification should be connected to criminal law as well as,which are designed to build a standard system with stability and adaptability.