Civil aviation public security organs crack down on star-chasing behaviors that disrupt airport and flight safety and order

Punished "fans" are included in the list of dishonest persons as appropriate and restricted from flying

  Core reading

  Star chasing should be rational and cannot cross the bottom line of the law.

Illegal and illegal behaviors in fan chasing may disturb the security order of airports and flights, and may also cause personal injury. They need to bear corresponding civil, administrative and even criminal responsibilities, and such behaviors need to be strictly controlled.

  □ Our reporter Xu Wei

  □ The reporter's trainee reporter Liu Xin

  Recently, a flight from Hangzhou, Zhejiang Province to Beijing was in the taxiing stage. Some fans did not listen to the crew members' dissuasion and went to the first class to chase stars, which aroused public attention.

Afterwards, Li Yan, deputy director of the Public Security Bureau of the Civil Aviation Administration of China, said that the civil aviation public security organs will maintain a severe crackdown on illegal behaviors in the process of fans chasing stars.

  In an interview with a reporter from the Rule of Law Daily, a number of experts believed that the pursuit of stars should be rational, and the bottom line of the law should not be exceeded.

Illegal and illegal behaviors in fan chasing may disturb the security order of airports and flights, and may also cause personal injury. Therefore, it is necessary to bear corresponding civil, administrative and even criminal responsibilities, and strict control of such behaviors is required.

Willful star chasing has many hidden dangers

  In the "first-class star chase" incident that has recently sparked discussion, due to the presence of "men's team" members in the front cabin of the plane, during the landing and taxiing phase of the plane, many fans stood in the aisle and flocked to the front cabin in the rear cabin. The crew repeatedly I was discouraged from returning to my seat, but no one listened.

In addition, many fans stood in the aisle of the aircraft cabin, holding their mobile phones to take pictures and trying to rush to the front cabin.

When the crew members discouraged that they should sit well during the taxiing phase to prevent falls, some fans threatened that "whether you want to bet a thousand yuan, and see if you fall or not."

  Ren Chao, a professor and doctoral tutor at East China University of Political Science and Law, pointed out that fans gathering and chasing stars in public places can cause great harm to public order, and may even cause casualties due to crowding and fighting among star followers.

Airplanes bear a major responsibility to ensure the safety of passengers. Flight safety has always been valued. Fans' irrational star-chasing behaviors, such as crowding and running on the plane, may affect flight safety and threaten the lives of other passengers.

  Liu Junhai, a professor at the School of Law of Renmin University of China, said that fans running on the plane without a steady state may also cause safety hazards and endanger public safety.

  The reporter's search found that such willful star chasing is not an exception.

Before boarding, there were fans making a noise at the airport causing the flight to be delayed for two hours; after taking off, some fans violently broke into the cabin; after landing, some fans did not listen to safety persuasion and blocked the exit of the cabin; and in the airport, there were hundreds of fans at the airport. Running wildly to chase stars, a group of fans smashed through the airport glass...

  What’s even more outrageous is that some fans obtain celebrity flight numbers, ID numbers and other information through various channels, and arrange celebrity seats near their own seats through online check-in. Some even cancel or change celebrity flights. The young star was deeply disturbed, and complained, "Can you please stop checking in for me?"

  Li Yan introduced that civil aviation is one of the main ways for the public to travel, and fans often chase stars during their travels.

In the process of chasing stars, some fans failed to abide by the relevant regulations of civil aviation safety management, and even violated relevant laws and regulations, infringed on citizens' personal information, disrupted the security order of airports and flights, and brought security risks to civil aviation operations and passenger travel.

Liability for violations of laws and regulations

  Willful star chasing brings potential safety hazards, and may therefore bear corresponding legal responsibilities.

  Xie Hongfei, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, believes that excessive behaviors taken by fans when chasing stars during a celebrity trip may disrupt the security order of airports and flights, and may also cause personal or property damage.

According to the provisions of the Civil Code, when damage is caused, the organizer shall bear the responsibility for breaching the obligation of safety protection; the participants shall directly bear the tort liability for the act of causing tort damage.

In addition, organizers and participants disrupt the airport and flight security order, depending on the severity of the damage caused by their actions, may be liable for violating the Public Security Management Penalty Law, civil aviation safety management related laws, and even criminal responsibility.

  The Public Security Administration Penalty Law stipulates that if the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places is disturbed, a warning or a fine of not more than 200 yuan shall be imposed; if the circumstances are more serious, the punishment shall be detained for not less than 5 days but not more than 10 days. , Can also impose a fine of less than 500 yuan.

Whoever gathers a crowd to carry out the acts mentioned in the preceding paragraph shall detain the chief activist for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.

  “Fans who disrupt the security order of airports and flights need to bear the responsibility of public security management punishment. For fan gatherings to disrupt behavior, the chief actor needs to bear more serious responsibilities.” Ren Chao told reporters that if fans gather to disrupt the airport and flight security order, hinder the country Where public security management personnel perform their duties in accordance with the law and the circumstances are serious, their organizers or other chief elements shall bear corresponding criminal liabilities.

  It should be noted that behind fans "precise star chasing" at airports or on planes, there are some people leaking or selling celebrity flight numbers, ID numbers and other personal information. These behaviors are also illegal.

  Liu Junhai said that the act of leaking and selling celebrities’ flight numbers, ID numbers and other information is suspected of infringing on celebrities’ privacy rights. The privacy of natural persons includes not only private spaces, private activities, and private information that others do not want to know, but also private life. peaceful.

  This behavior violates the provisions of the Civil Code on the protection of personal information and violates the personal information rights of celebrities. The perpetrator shall bear the tort liability.

Xie Hongfei believes that if the airline's staff deliberately or negligently, or the airline has not established an effective passenger personal information security mechanism, resulting in the leakage or sale of star flight numbers, the airline shall bear tort liability.

  Leaking or selling citizens’ personal information may also be held criminally liable if the circumstances are serious.

Ren Chao added that according to relevant judicial interpretations, illegally acquiring, selling or providing more than 50 pieces of track information, communication content, credit information, and property information are considered "serious circumstances."

Strengthen guidance and management

  Li Yan pointed out that in 2018, the Civil Aviation Administration strengthened the guidance and management of fans picking up and following the plane.

After the incident, air security handling guidelines were issued to guide various transportation airlines to carry out their work.

  Li Yan said that in accordance with the relevant provisions of the Criminal Law of the People’s Republic of China, the Law of the People’s Republic of China on Public Security Administration Punishments, and the Law of the People’s Republic of China on Resident Identity Cards, there are no violations of citizens’ personal information, reselling of valuable tickets, disrupting public order, and fraudulent use Civil aviation public security organs resolutely crack down on illegal and criminal acts such as resident identity documents.

  In the next step, the civil aviation public security organs will further strengthen the civil aviation society’s public security management and control, and maintain a trend of severely cracking down on violations of laws and regulations that appear in the process of fans chasing stars; further increase credit punishment, relying on the joint disciplinary mechanism, and offenders punished by the public security organs The situation was included in the list of severely dishonest persons, and they were restricted from flying on civil aircraft.

  According to the Opinions on Properly Restricting Certain Seriously Untrustworthy Persons from Taking Civil Aircraft to Promote the Construction of a Social Credit System issued by eight departments including the National Development and Reform Commission and the Civil Aviation Administration in 2018, the perpetrator used forgery, alteration or fraudulent use of other people’s flight identities. Credentials, flight vouchers; blockage, seizure, impact on check-in counters, security check passages, boarding gates (passages), etc., and the public security organs impose administrative penalties or are held criminally responsible, they shall be included in the restricted flight list by the Civil Aviation Administration in accordance with prescribed procedures The validity period is one year.

  In order to avoid such incidents, Liu Junhai believes that for star-chasing behaviors at the cost of disrupting public order or endangering public safety, corresponding legal responsibilities (including but not limited to public security penalties) must be investigated according to law, especially the organizers behind them.

  Ren Chao believes that in addition to the need for civil aviation management departments to increase the supervision of information security protection in the aviation field and strictly penalize illegal acts, relevant departments should issue preplans and regulations on fan gatherings in public places (such as airports) to strengthen airport order. Maintenance, to prevent fans from impacting the security check channel, blocking the boarding gate, and the exit of the airport hall, and timely warning to prevent the occurrence of crowd disturbance.

  "In addition, it is necessary to treat both symptoms and root causes and source governance to ensure that the privacy and personal information of every citizen, including celebrities, can be fully respected and protected." Liu Junhai said.

  “Currently, some celebrities’ itineraries are actually disclosed by the company or the agency team in order to maintain exposure. This may be a bad inducement for fans.” Ren Chao said that celebrities should show their attitude and guide fans to follow their stars reasonably. Give full play to its own propaganda effect and strictly resist “illegal” behaviors such as gathering stars at airports or following flights.

  Li Yan called for fans to be civilized and rationally chasing stars in public places such as airports and airplanes, and be law-knowing and law-abiding citizens.

  Cartography/Li Xiaojun