Research On The Legal Countermeasures For The Prevention And Control Of Acts Of Unlawful Interference In Civil Aviations In China

With the rapid development of our civil aviation industry,there are more and more acts of unlawful interference with the safety of civil aviation,which will not only harm the interests of individuals and society,but also disrupt the normal flight order of civil aviation,endanger aviation safety,and even threaten the country safety.Since the terrorist incident of September 11 th,the security situation of civil aviation has become more and more complicated.New civil aviation security issues caused by acts of unlawful interference are becoming the focus of our country and the world.Therefore,protecting civil aviation from acts of unlawful interference has become a top priority of civil aviation security.In order to ensure the safety of civil aviation and maintain the order of civil aviation,the international community has formed an international convention on aviation security with three major international civil aviation security conventions as the main body after continuous research and discussion.China passed the “Civil Aviation Law” in 1995,followed by issued a series of civil aviation regulations and standard recommendations,forming a civil aviation security legal system in China.However,it has to be faced with that there are still some problems such as types of lags in the relevant provisions of the illegal interference of civil aviation,the concept is not clear,the jurisdictional regulations are scattered and lack of coercion,and there is insufficient connection with international conventions.In the face of these problems,on the one hand,we can selectively absorb international conventions through domestic laws to improve the deficiencies of the existing civil aviation security legal system.On the other hand,due to the hindsight of international conventions,our domestic laws need to improve the civil aviation security legal system according to the domestic reality,so as to make it play a better role in the practice of civil aviation security in China.For the acts of unlawful interference of civil aviation,we can prevent and cure it from the following three aspects.First,it is recommended to revise and improve China's Civil Aviation Law,at the same time strengthen the responsibilities of aviation operating companies,and establish internal personnel disciplinary mechanisms.The second is to improve other domestic laws related to the acts of unlawful interference of civil aviation,which is mainly to unify the domestic laws on acts of unlawfull interference and avoid legal conflicts.Thirdly,from the perspective of the international civil aviation security convention,it is necessary to strengthen the cooperation of civil aviation security among countries,and actively promote the further development of the international civil aviation security legal system in the international cooperation.