analysis of the right to life and shoot down aircraft（分析生存权和击落飞机）.doc

Analysis of the right to life and shoot down aircraft Abstract In this paper, lt;lt; German Aviation Security Act gt;gt; Article 14, paragraph 3, and the German Federal Constitutional Court judgment declared invalid by this section as a starting point, the German aviation security allow in a particular case will be hijacked aircraft shot down the legal system, and shoot down aircraft behavior exclude illegal and disclaimers based on demonstration from the Penal Code, is an important reference value for China to improve aviation safety legislation. Paper Keywords right to life safety of aircraft emergency lt;lt; German Aviation Security Act gt;gt; problems caused by Since the events of September 11, the world’s anti-terrorism legislation based on the prevention of early intervention trend, life protection and security between countries have become increasingly obvious priority legislative purpose of the security, to ensure the safety of society January 5, .2003, Germany Frankfurt hijackings real harm results from hijacking incident did not cause massive casualties, but the lives and safety of the people of Frankfurt has caused a threat. In view of the serious hazardous nature of these two incidents, the field of aviation security has become key issues in June .2004, Germany passed the lt;lt; Aviation Security Act gt;gt; (entry into force on January 15, 2005, hereinafter referred to as the Bill of lt;lt; gt;gt; lt;lt; Act gt;gt; the provisions of Article 14, paragraph 3, contains a passenger aircraft were hijacked and used as a means to seize ground citizens’ lives, shoot down the only effective means to combat the threat, then The Department of Defense has the right to be shot down. Obviously, the Bill of lt;lt; gt;gt; Article 14, paragraph 3, is the country’s last defense measures. Article 14, paragraph 3, caused widespread controversy: the law may authorize the Government to assume that public safety and legitimate to sacrifice the lives of