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随着我国航空事业的发展,客舱执法成为社会关注的新问题。实务工作中,作为客舱管理者的机长与代表国家权力的警察在执法中,职权的争议尤为突出。解决该问题,首先应当根据国际公约、国内立法,从空间范围、时间范围及具体职权探讨机长的权力;其次,从空中警察创建目的与执法范围确定其性质。依据前文的研究,分析权力冲突的矛盾根源,最后针对我国的现状,提出缓解客舱执法中权力冲突的解决思路。在保障航空安全的共同目标下,二者相互配合,通力协作。
With the development of China’s aviation industry, cabin law enforcement has become a new issue of social concern. In practical work, the dispute between the captain as cabin manager and the police representing the state power is particularly prominent in law enforcement. To solve this problem, we should first explore the captain’s power from the scope of the space, the scope of the time and the specific powers according to international conventions and domestic legislation. Secondly, we should determine the nature of the captain from the purpose and scope of the creation of the air police. According to the previous research, this paper analyzes the contradictory root of conflict of powers. Finally, in view of the current situation in our country, this paper puts forward the solution to resolve the conflict of powers in cabin law enforcement. Under the common goal of safeguarding aviation safety, the two work together and work together.