The Research On The Criminal Responsibility Of The Civil Aviation Crimes

The aim of this research is to explain,analyze and solve the specific problems in the field of civil aviation through the inherent research results and content of the theory of criminal responsibility.The frame of this research is the basis of criminal responsibility,the capacity of criminal responsibility,the criminal responsibility of excessive defence and excessive necessity,and the realization of criminal responsibility,which is based on the combination of the traditional theory system of criminal responsibility in China,theoretical elements of criminal law in Germany and Japan and specific crimes in the field of civil aviation.As the basis of criminal responsibility,the serious social harm and the personal dangerousness determine the criminal responsibility from the objective level,subjective level and crime prevention level.In the aspect of serious social harm,the behavior theory was used to define the illegal interference in the field of civil aviation,and the illegal cognition should be included in the understanding and judgment of serious social harm in the field of civil aviation.In the aspect of personal dangerousness,the nature of abnormal behavior in the field of civil aviation should be judged by the personality traits,which is on the purpose of crime prevention.In the determination of criminal responsibility,the capacity of criminal responsibility mainly focuses on the special type of criminal subject in the field of civil aviation.In the case of crimes caused by the psychotic,the text not only analyzes the existence of the criminal responsibility of the psychotic from the perspective of criminal law,but also emphasizes that relevant subjects should cooperate to prevent the psychotic from causing accidents.In the case of crimes caused by the self-trapping behavior,such as drug abuse,mental disorders drunk,the text not only analyzes the cause of its criminal responsibility,but also demonstrate the staff of the civil aviation should bear more criminal responsibility compared with ordinary people.In the field of civil aviation,the excessive defence and excessive necessity are focus on the specific subjects and the special problems.First,the text try to determine the criminal responsibility faced by the specific subjects in the case of excessive defence.Secondly,taking the act of shooting down a dangerous civil aircraft as an example to analysis its legality and excusing conditions detailedly.At the end of the paper,in the realization of criminal responsibility,in order to narrow the gap between the ideal and reality,and to reduce the amount of crimes,the text try to find the way of realizing criminal responsibility that include the criminal penalties and the security measures at the same time.