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1、1Analysis of the right to life and shoot down aircraftAbstract In this paper, 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 dow
2、n 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 problems caused by Since the ev
3、ents of September 11, the worlds 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 2society January 5, .2003, Germany Fr
4、ankfurt 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,
5、Germany passed the (entry into force on January 15, 2005, hereinafter referred to as the Bill of 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 T
6、he Department of Defense has the right to be shot down. Obviously, the Bill of Article 14, paragraph 3, is the countrys 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 3li
7、ves of innocent citizens? Countries can do the lives of persons on the aircraft on the ground may be affected by the impact the lives of persons the number of comparison? shoot down hijacked aircraft will also kill innocent crew and passengers, issued a personnel shot down command and implementation
8、 shot down behavior constituted intentional homicide? These issues relate to the right to life, safety and security of the country obligations and criminal law justified and disclaimers subject. Second, the German Federal Constitutional Courts decision stand Bill of Article 14, paragraph 3, authoriz
9、e the State can, if necessary, shoot down hijacked aircraft, the German Basic Law allowed to do so? Answer is negative .2006 February 15, the German Federal Constitutional Court judgment has been pronounced Article 14, paragraph 3, is not valid for the following reasons: (A permissions problem In th
10、e military in the war, the federal government has the right to section 87A (2 of the Basic Law of Germany to shoot down hijacked aircraft, 4the aircraft shot down by the federal government action must be self-defense under the state of war. Maintaining security is the duty of the government of the s
11、tate, therefore, state Government has no right to use military means to shoot down hijacked planes, or will be in violation of the Basic Law Article 35, paragraph 2, and 35, paragraph 3, the provisions on the use of armed force. To illustrate legitimacy of Article 14, paragraph 3, the view that shou
12、ld the provisions of Section 87A of the Basic Law (2 “defense” to do more broadly interpreted, modern society is facing new risks and challenges, the federal government should defend attacks should not only include the armed forces, terrorist attacks. should also include the United States, for examp
13、le, the word “war” to describe the anti-terrorist action, however, the German Federal Constitutional Court does not accept this expanded explanation, based on past precedent, the word “war” are references to the military offensive of the armed forces, can not be arbitrarily expanded for including te
14、rrorist attacks, and the federal government has no right 5in domestic affairs, the use of military force, even if the object of expanding defense also help to solve the problem. The Federal Constitutional Court in the the downed aircraft permissions issue clearly shows its position: The war of a dif
15、ferent nature and risk prevention must clear delineation of the boundaries between the laws of war and the Police Act. Belong to the scope of duties of the police response to the hijackings , and downed aircraft defensive action of a military nature. (The right to life and human dignity Article 2, p
16、aragraph 2 (a) of the German Basic Law provides that: “No one has the right to life.” The provisions of paragraph 1 of Article 1 of the Basic Law: Human dignity is inviolable respect and protect human dignity is a national responsibility. “However, according to Article 14, paragraph 3, of the Bill of , shoot down hijack
