论机长行为的违法阻却事由

Study on the Reasons for Illegal Obstruction of the Captain’s Behavior

从国际条约和我国国内法的规定看,我国机长权力的行使存在权力过大和权力行使得不到法律保障这看似矛盾实则实际存在的两个问题。机长行使治安管理权的行为、制止犯罪的行为、航空器的最后处置行为若符合刑法某一犯罪的构成要件,应以法令行为、正当防卫行为、紧急避险行为作为其违法阻却事由,以完善和明确机长的法律地位。

From the provisions of international treaties and China’s domestic law,there are two seemingly contradictory problems in the exercise of the power of the captain in China,that is,too much power and the exercise of power cannot be protected by law.If the acts of the pilot-in-command exercising the power of public security,the acts of stopping crimes,and the final disposition of the aircraft meet the constitutive requirements of a crime in the criminal law,captain in China should take the acts of decree,justifiable defense,and emergency avoidance as the reasons for their illegal obstruction,so as to improve and clarify the legal status of the pilot-in-command.