Flight accidents arising from aviation activities are often due to various factors. Most of the accidents do not trigger criminal responsibility. In China, only when an act constitutes an offence for causing a serious flight accident will the criminal responsibility be imposed. Crime for causing a serious flight accident refers to an act by an airman who, by violating the rules and regulations, has caused a serious accident resulting in grave consequences. To determine whether this offence has been committed, it is essential that the subject of crime, the object of crime, the subjective aspects of crime (mens rea), and the objective aspects of crime (actus reus) all exist to meet the criteria stipulated by the provisions of the Criminal Code. Because of the peculiarity of the aviation industry, utmost care should be taken in practice to make a clear distinction between a criminal and noncriminal act. To ensure appropriate judicial operation, it is suggested to amend the provisions in the current criminal law relating to this crime.
Air and Space Law