不文明旅客扰乱行为法律规制比较研究

Comparative Study on the Legal Regulation on Uncivilized Passengers' Disturbance Behavior

不文明旅客的扰乱行为是尚未达到犯罪程度的危害民航运输安全的行为。国际公约和国外立法多将扰乱行为以轻罪论处,但处罚远远重于我国。我国关于不文明旅客扰乱行为的规定政出多门且层级较低,多将其界定为行政违法,主要运用《治安管理处罚法》进行罚款和拘留。我国需要统一界定扰乱行为,在法律层面增加对航空扰乱行为的规定,加重对不文明旅客扰乱行为的制裁。在不能改变我国犯罪违法二元的体例前提下,加重对不文明旅客的扰乱行为的惩罚才能打早打小、防微杜渐。

The uncivi level and endangers lized passenger＇s disturbance behavior is the safety of civil aviation transportation. the behavior that has not reached the crime International conventions and foreign legisla tion often punish ACTS of disturbance as misdemeanor, but their punishment is much heavier than that in China. China＇s regulations on uncivilized passenger disturbance have been formulated in many ways and at a lower level. Most of them are defined as administrative violations. China needs to unify ACTS of disrup tion, increase regulations on ACTS of aviation disruption at the legal level, as well as increasing the sanc tions against ACTS of uncivilized passenger disruption. Under the premise of not changing the dual system of crime and law in our country, only by increasing the punishment of uncivilized passenger＇s disturbing behavior can we beat the early and avoid the small uncivilized behavior.