A Study On The Legal Issues Of China's No Fly List

Passenger blacklists refer to the rules or regulations that are formulated and issued by the state administrative organs or airline companies that refuse to transport passengers who have had a record of bad behavior in air transport activities and who have reason to believe that such bad behavior may occur again.With the rapid development of the global aviation industry and the increasing urgency and importance of maintaining aviation safety,more and more countries and regions begin to adopt the method of setting airline passenger blacklists to suppress misconduct.This paper focuses on the classification,legitimacy,establishment of the main body,main contents and relief methods of the air passenger blacklist system,which is divided into four parts.Chapter one elaborates the historical origin and connotation of the air passenger blacklist system,and further illustrates that according to the different subjects,the air passenger blacklist system can be divided into two categories in practice: one is the passenger blacklist made by the carrier independently,and the other is the blacklist issued by the competent government departments.The airlines' no fly list targets passengers whose actions threaten or may threaten aviation safety.Airlines usually include a "refusal or restriction" clause in their contracts to indicate the circumstances in which they can refuse to carry,such as smoking on the plane,forcibly hitting thecockpit or violently attacking other passengers.According to the specific practice of many countries,the main target of the blacklist established by the government departments is mainly terrorists.Chapter one continues to argue that it is more necessary and urgent to solve the three realistic dilemmas of compulsory contracting obligations,free travel rights and consumer rights.The answer to this question is also the basis and premise for solving other problems under this system.Under the explanation of the basic concepts of Chapter one,chapter two starts with the three realistic dilemmas of compulsory contracting obligations,free travel rights and consumer rights.The author analyses the legitimacy of no-fly list drawn up by carriers and competent national authorities for the purpose of safeguarding national security,public security and the legitimate rights and interests of others.When airlines provide passenger transport services to the unspecified public,the legal nature of airlines belongs to the public carrier and has the obligation of compulsory contracting.If the passenger's request exceeds the service scope of the transport enterprise or infringes on public safety or the legitimate rights and interests of others,the airline has the right to refuse the unreasonable request.Secondly,although passengers have the right to travel freely,their rights and obligations are relative.At the same time,passengers also have the obligation to abide by the rules and order of aircraft and not to endanger other's safety.Finally,although passengers as consumers can be specially protected by the Consumer Protection Law,the value of public safety should take precedence over the value of individual legitimate rights and interests.Chapter three compares the no-fly list of air passengers in EU,USA,Canada and China according to different subjects.The no-fly list of the European Union will be compared with the existing databases in order to prevent and detect terrorists and potential terrorists.The U.S.government has also established two lists,one is the no-fly list,which directly docks with the U.S.National Counter-Terrorism Center,and the other is the selective list,where passengers must undergo more rigorous security checks before boarding.The blacklist of Canada is discussed by a committee jointly organized by the Ministry of Transport,the Royal Mounted Police and the SecurityIntelligence Agency of Canada.The results of the discussion will be submitted to the Minister of Transport for revision and determination.China's no fly list is not formulated and issued by the Civil Aviation Administration of China,so it does not belong to the blacklist formulated by government departments.And the procedure in the process of making airline's no-fly list need to be improved.We can learn more from the mature practices of other countries.In the fourth chapter,the author puts forward some suggestions to improve the no-fly list in China.Firstly,according to the principle of due process,passengers should be notified by the Civil Aviation Administration beforehand and formally before they are listed on the government's no fly list.Moreover,by holding hearings,the parties on the blacklist can understand the objective facts and safeguard their legitimate rights and interests.At the same time,allowing airlines to set up passenger blacklists belonging to their own enterprises is one of the effective ways to promote carriers to shoulder their responsibilities.Secondly,in the entry criteria of the government's no fly list,it should be clear that the perpetrator's misconduct is serious,and terrorists can not withdraw from the list for life.However,the behavior of those listed on the airline's no fly list may not be too harmful to society,and there is no need to impose a lifetime ban on civil aviation.Finally,passengers can safeguard their rights through administrative reconsideration,administrative litigation,arbitration and civil litigation.