Judicial Determination Of Violence From Violent Crimes Of Endangering Flight Safety

With the development of civil aviation industry by leaps and bounds, the threshold of travelling by air reduced gradually, more and more people choose this kind of quick and comfortable way to travel, but the security situation of civil aviation is not optimistic, the law of violent crimes endangering flight safety was created at the historic moment. Unfortunately, this crime hardly has been used in the judicial practice, the reason is that this law provision is too simple, lack of necessary define and differentiate, as a result, the judicial application feasibility is not high. Given this, the article identified the violence activity of this crime in order to make up for the lack of this field. Full text is divided into five parts:The first part is the nature of the violence crime. First of all, the definition of "violence" from the academic circles, trying to analysis the connotation of "violence"; Secondly, discuss how to understand the crime of violence combining with the specific; Thirdly, differentiate this crime from related ones, explore the similarities and differences.Though examples analysis, the author drew a conclution that the violence crime should be defined in a broad sense. The second part is the expression of violence crime. The common point of view is that the crime should be the force violence, according to the damage level, this kind of violence can be divided into three different types:The kind of violence causing physical pain,human injuries or death.In addition, the author simply analysised the reason why the compulsory violence has not been covered by this crime.The third part is the degree of violence crime. After discussing the degree of violence crimes standard, emphasize what is "serious consequence", given that there is a wide controversy, the author put forward his own view of "serious consequence", That is, the so-called "serious consequences" should be combined with the characteristics of civil aviation industry, for example: the dangerous state, personal injury, property damage and shipping order. The fourth part is the crime object of violence. First of all, explain the meaning of personnel in this crime:the passengers on board, the flight attendants and the flight crew, secondly, discuss the relationship between the violence and flight safety. In addition, determine the violence act on other objects. The fifth part is violence crime of space and time. As the name suggests, this section is the time and space elements of violence, the former focus on "flying", this cognizance is vital for judicial practice and the author approve of the view that "taking-off from the support as the beginning,landing to the support as the ending,during this period regarded as the ’flying’"; the latter point out the corresponding provisions of rules and regulations for the violence activities in the runway, lounges, and other places, clarify the spatial scope of violence crime.