The Legal Study Of No-fly List System In China

No-fly list is a basic measure taken to maintain the safety and order of civil aviation and restrain uncivilized flight behaviors.But the establishment of the No-fly list by which departments,conditions is what is not clearly defined,the domestic legal basis for the aviation blacklist is mainly based on the rules and regulations of CAAC supervision and management,there is no detailed provisions on the setting conditions of the aviation blacklist.Faced with the situation that the aviation blacklist may violate the rights of air passengers,it will involve the conflict between public safety and private rights of individuals.How the conflict between the two should be resolved.Passengers on the airline's blacklist have little choice but to Sue.These legal issues need further study and analysis.In terms of setting up the subject,the minister of security of Canada sets up the subject,which is limited to the subject of the administrative department.The United States sets up the subject of the airlines.In terms of the behavioral conditions for entering into the aviation blacklist,neither the United States nor Canada has listed specific behaviors,which are easy to be listed into the No-fly list.Therefore,the law is easy to be vague,and the operation is not strong,which is easy to be abused.The subject and condition of setting up No-fly list in our country are not clear.We should set up the subject of No-fly list through aviation law.As an administrative penalty,the No-fly list can be set strictly within the civil aviation administrative departments by referring to the practice of Canada,so as to avoid the consequences of the abuse of the No-fly list.By making up for the deficiencies in the setting conditions of the No-fly list of the United States and Canada,the entry conditions of the No-fly list are listed in an enumerative way to reduce legal ambiguity and increase operability.At the same time in order to deal with the reality of the middle out of the endless situation,increase the bottom of the behavior conditions,the listed and the entry into the list of the same degree of harm can also be regarded as the entry into the aviation blacklist conditions.There are two ways to deal with the conflict between No-fly list and passenger rights.The interest integration in the method of legal interest is the process of integrating various conflicting interests to form the common will.Comprehensive protection can be applied to both interests.The method of law and economics is to realize the maximization of interests,to exchange the maximum gain with the minimum loss,and to avoid the pros and cons of the maximum loss with the minimum cost.Easy to lead to excessive emphasis on protection of public safety,resulting in the violation of the rights of tourists.There has always been a situation in our country that public power is greater than private right and does not pay attention to the protection of individual rights.Therefore,the conflict between the two should be properly handled.China should adopt the method of interest integration to make public security compromise the interests to a certain extent,and classify the bad behaviors of passengers into different levels,so as to restrict the rights of passengers to different degrees.In terms of the relief methods for passengers who are included in the aviation blacklist,China has corresponding corresponding specific relief methods.In the relevant regulations of foreign countries,there are ways of appeal,application for recovery and periodic review of the list of relief.But each has its own shortcomings.Therefore,our country learns from foreign practice that we should add additional relief procedures to the passenger relief methods that are included in the aviation blacklist.As a kind of administrative penalty measure,passengers on aviation blacklist should enjoy the relief of hearing,and it is necessary to have a protective hearing in advance or a remedial hearing afterwards.At the same time,procedures for periodic reviews will be increased to reduce the probability that passengers will be put on the wrong No-fly list.