航空事故における過失責任の課題

概要

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This paper is with special regard to make clear characteristics of criminal negligence abaut aircraft accidents or aircraft incidents. According to article 6 of Law Concerning Punishment for Acts Endangering Air Navigation (as amended in 1977), it is enacted that a court of justice has evidence which would afford reasonable grounds for suspecting that a person has committed causing danger to aviation, the court shall be sentenced to three years' imprisonment. Generally speaking, for the legal meaning of "aviation crime" is often confined to damage, such as crashing, destruction, etc. of aircraft resulting in death or injury, and offences of like gravity. But article 6 of this law has a characteristic provision that a person get punished only invited a critical condition to aviation, even if a person avoided damages. In this paper, I made clear a conception of "apprehension of one's causng danger" into the total flight operation system and its difference of legal system between Japan and United States of America.
東海大学の論文
1995-03-30