中华人民共和国民用航空法（二）

other means， his criminal responsibility shall be investigated in accordance with the Decision Regarding the Punishment of the Criminals Engaged in Aircraft Hijacking.

　　Article 192 Where a person endangers flight safety by using violence against a person on board a civil aircraft in flight， but without resulting in serious consequences， his criminal responsibility shall be investigated in accordance with the provisions of Article 105 of the Criminal Law； if grave consequences result from such act， his criminal responsibility shall be investigated in accordance with the provisions of Article 106 of the Criminal Law.

　　Article 193 A person who， in violation of the provisions of this Law， conceals and brings explosives， detonators or other dangerous articles while flying in a civil aircraft， or consigns dangerous articles for shipment under the name of non-dangerous articles， but without resulting in serious consequences， shall be investigated for his criminal responsibility by applying mutatis mutandis the provisions of Article 163 of the Criminal Law； if grave consequences result from such crime， his criminal responsibility shall be investigated in accordance with the provisions of Article 110 of the Criminal Law.

　　An enterprise or institution which commits the crime prescribed in the preceding paragraph shall be subject to a fine， 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 the preceding paragraph.

　　A person who conceals and brings firearms， ammunition and controlled knives while flying in a civil aircraft shall be investigated for his criminal responsibility by applying mutatis mutandis the provisions of Article 163 of the Criminal Law.

　　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 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， suffi

cient 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.

　　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 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.

　　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 impose 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.

　　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 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 hall 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：

　　（1） The pilot-in-command， in violation of the provisions of paragraph 1 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.

　　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 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 punis

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