The Conflict Between The Law Enforcement Power Of Air Police And The Captain's Security Power And Its Solution

From the Lockerbie crash in 1988 to the September 11 incident in 2001 in the United States,the MH370 incident in Malaysia Airlines,the hijacking of "629" GS7554 in Xinjiang,and the disruptive act of hijacking the crew on Changsha Flight CA1350 in Beijing on April 15,2018,all illustrate the seriousness of the civil aviation air defense situation.With the continuous development of civil aviation industry,air defense security has become one of the most important issues in the field of civil aviation.At present,the air security of civil aviation in our country mainly implements a security system under the unified leadership of the captain and co-led by the captain,the security officer and the air police.The captain enjoys the right of public order,the right comes from international treaties,the security officer exercises the power comes from the captain's authorization,and the air police exercises the public power on behalf of the state.Once there is an air defense security early warning in the cabin of a civil aircraft,the captain and the air police will have different disposal schemes because of their different identities,different sources of power and different ways of considering the problem.There will inevitably be conflicts.There has been no special law in China.It is particularly important to straighten out the relationship between the law enforcement power of the air police and the security power of the captain.Firstly,this paper defines and combs the meaning source and power scope of air police law enforcement power,the meaning source and right scope of captain's public order power,determines the basis for studying the conflict between air police law enforcement power and captain's public order power,and focuses on the relationship and conflict performance between air police law enforcement power and captain's public order power,mainly due to the different power sources.Conflict of duty,technical conflict of commander's exercise of public security power and professional conflict of air police law enforcement power,as well as the conflict of their setting orientation in the aspect of air defense security in the new era.In order to effectively safeguard the flight safety of civil aircraft,the author combines the security system mechanism in the civil aviation field of our country and the power structure of all parties in the air security forces,draws lessons from foreign experience,puts forward the air security system mechanism in line with China's national conditions,and determines the independent law enforcement status and scope of the air police.