中华人民共和国民用航空法 The Civil Aviation Law of PRC

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Article 194 Where a public air transport enterprise

carries dangerous articles in violation of the provisions

of Article 101 of this Law, the competent civil

aviation authority under the State Council shall confiscate

its unlawful earnings and may also impose a fine of

not more than 100% of the unlawful earnings.

Where a public air transport enterprise commits an

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act described in the preceding paragraph and thereby

creates a serious accident, its unlawful earnings shall be

confiscated and a fine shall be imposed; and criminal

responsibilities shall be investigated against the person

directly in charge and other personnel directly responsible

for the crime in accordance with the provisions of

Article 115 of the Criminal Law.

Article 195 A person who deliberately places or

instigates another person to place dangerous articles on

board a civil aircraft in use, sufficient to destroy the civil

aircraft and endanger flight safety but without resulting

in serious consequences, shall be investigated for

his criminal responsibility in accordance with the provisions

of Article 107 of the Criminal Law; if grave consequences

result from such crime, he shall be investigated

for criminal responsibility in accordance with the

provisions of Article 110 of the Criminal Law.

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Article 196 A person who deliberately transmits

false information and disturbs the normal order of

flight, resulting in serious losses to public or private

property, shall be investigated for criminal responsibility

in accordance with the provisions of Article 158 of

the Criminal Law.

Article 197 A person who steals or deliberately

damages or removes navigational facilities in use and

thereby creates danger to flight safety, sufficient to

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cause the fall or destruction of the civil aircraft but

without resulting in serious consequences, shall be investigated

for criminal responsibility in accordance

with the provisions of Article 108 of the Criminal

Law; if grave consequences result from such crime, he

shall be investigated for criminal responsibility in

accordance with the provisions of Article 110 of the

Criminal Law.

Article 198 A person who assembles a crowd to

disturb the order in a civil airport shall be investigated

for his criminal responsibility in accordance with the

provisions of Article 159 of the Criminal Law.

Article 199 Where an airman neglects his duty

or violates the rules and regulations, thereby creating a

serious flight accident resulting in grave consequences,

his criminal responsibility shall be investigated in

accordance with the provisions of Article 187 or by applying

mutatis mutandis the provisions of Article 114 of

the Criminal Law respectively.

Article 200 A person who violates the provisions

of this Law, not seriously enough for criminal

punishment but should be subject to penalty for public

security, shall be punished in accordance with the

Regulations on Administrative Penalties for Public

Security.

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Article 201 Where in violation of the provisions

of Article 37 of this Law, a civil aircraft flies

without the certificate of airworthiness, or a foreign

civil aircraft on lease flies without having its certificate

of airworthiness, issued by the State in which the

nationality of the aircraft was originally registered,

examined and rendered valid by the State Council, or

without having a new certificate of airworthiness issued

therefor by the said authority, the competent

civil aviation authority under the State Council shall

order it to stop flying, confiscate the unlawful earnings,

and may also impose a fine of more than 100%

but not exceeding 500% of the unlawful earnings; in

case there is no unlawful earnings, a fine of not less

than 100,000 yuan but not more than 1,000,000

yuan shall be imposed.

Where a certificate of airworthiness has lost its effect

or a flight was conducted beyond the scope prescribed

in the certificate of airworthiness, the punishment

prescribed in the preceding paragraph shall apply.

Article 202 Where a person, in violation of the

provisions of Article 34 and paragraph 2 of Article

36 of this Law, carries out the production of civil aircraft

and its engines, propellers or on-board equipment

without obtaining type certificate and type validation

certificate, the competent civil aviation authority under

the State Council shall order him to stop such production,

confiscate his unlawful earnings and may also im-

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pose on him a fine of not more than 100% of his

unlawful earnings; in case there is no unlawful earnings,

a fine of not less than 50,000 yuan but not more than

500,000 yuan shall be imposed.

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Article 203 Where a person, in violation of the

provisions of Article 35 of this Law, is engaged in the

activities of production and maintenance without obtaining

production certificate and maintenance certificate

or, in violation of the provisions of Article

92 and paragraph 2 of Article 147 of this Law, is engaged

in public air transport or general aviation operations

for commercial purposes without obtaining a public

air transport operating licence or a general aviation

operating licence, the competent civil aviation authority

under the State Council shall order him to stop such

production, maintenance or operations.

Article 204 Where an enterprise having obtained

the production certificate and maintenance certificate

prescribed in Article 35 of this Law creates a

serious accident because of the problem in the quality

of production and maintenance, the competent civil

aviation authority under the State Council may cancel

its production certificate or maintenance certificate.

Article 205 Where a person, in violation of the

provisions of Article 40 of this Law, is engaged in civil

aviation activities without obtaining the corresponding

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airman's licence and physical examination certificate,

the competent civil aviation authority under the State

Council shall order him to stop such activities, no such

licence and certificate shall be issued within the time

limit prescribed by the competent civil aviation authority

under the State Council, and a fine of not more than

200,000 yuan shall be imposed on the unit that the

person belongs to.

Article 206 In one of the following circumstances

in which the law is violated, the competent civil

aviation authority under the State Council shall punish

the pilot-in-command by warning or by withholding

his licence for a period of one to six months, or under

aggravating circumstances, punish him by cancelling his

licence:

(l ) The pilot-in-command, in violation of the

provisions of paragraph I of Article 45 of this Law,

takes off without carrying out an inspection of the civil

aircraft; or

(2) A civil aircraft, in violation of the provisions of

Article 75 of this Law, fails to follow the air route and

to fly at the altitude specified by the air traffic unit, or

in violation of the provisions of Article 79 of this Law,

flies across the airspace over a city.

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Article 207 Where a civil aircraft, in violation

of the provisions of Article 74 of this Law, conducts

flight activities without the approval of the air traffic

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control unit, the competent civil aviation authority under

the State Council shall order it to stop flying, and

impose a fine on the owner or lessee of the civil aircraft

of not less than 10,000 yuan but not more than

100,000 yuan; and punish the pilot-in-command of

the civil aircraft by warning or by withholding his licence

for a period of one to six months, or under aggravating

circumstances, punish him by cancelling his

licence.

Article 208 Where the pilot-in-command of a

civil aircraft or another member of the crew commits

one of the following acts, the competent civil aviation

authority under the State Council shall punish him by

warning or by withholding his licence for a period of

one to six months; if the act listed in sub-paragraph (2)

or (3) is committed, he shall be punished by having his

licence cancelled:

(1) Failure to carryon his person licence and physical

examination certificate in performing a flight mission

as required by the provisions of Article 41 of this

Law; or

(2) Leaving the civil aircraft in distress in violation

of the provisions of Article 48 of this Law;

(3) Performing a flight mission in violation of the

provisions of paragraph 2 of Article 77 of this Law.

Article 209 Where some articles are dropped or

sprayed from a civil aircraft in flight in violation of the

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prOVISIOns of Article 80 of this Law, the competent

civil aviation authority under the State Council shall

give a warning, and may impose a fine of not less than

2,000 yuan but not more than 20,000 yuan on the person

directly responsible.

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Article 210 Where a civil airport is opened to

traffic without obtaining an airport operating licence in

violation of the provisions of Article 62 of this Law,

the competent civil aviation authority under the State

Council shall order it to stop its opening to traffic, confiscate

its unlawful earnings, and may impose a fine of

not exceeding 100% of the unlawful earnings.

Article 211 Where a public air transport enterprise

or a general aviation enterprise violates the provisions

of this Law, in circumstances of a serious nature,

the competent civil aviation authority under the State

Council may, in addition to the punishment prescribed

by this Law, cancel its operating licence. If the operating

licence of such enterprise is cancelled, the administrative

department for industry and commerce shall

cancel its business licence.

Article 212 The working personnel of the competent

civil aviation authority under the State Council

and of regional civil aviation administrative organs,

who neglect their duties, abuse their powers, practise

favouritism and embezzlement, if the case constitutes a

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crime, shall be investigated for criminal responsibilities

according to law; if the case does not constitute a crime,

they shall be subject to administrative sanctions according

to law.

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Chapter XVI

Supplementary Provisions

Article 213 "Unit of account" mentioned in this

Law refers to the Special Drawing Right as defined by

the International Monetary Fund; its equivalent in

Renminbi shall be the amount calculated in terms of

the conversion rate from the Special Drawing Right of

the International Monetary Fund to Renminbi as prescribed

by the competent State foreign exchange authority

at the date of the judgement of the court, the

date of the award of arbitration agency or the date

agreed between the parties concerned.

Article 214 This Law shall go into effect as of

March 1, 1996.

(In case of discrepancy between the English translation

and the original Chinese text, the Chinese text

shall prevail. --Tr.)

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leo

呵呵，中、英文版都有，谢谢。 [ 本帖最后由 leo 于 2009-11-16 21:14 编辑 ]

sjy

天照

感谢楼主，谢谢楼主