Severely punish acts such as "machine disturbances" and fabricating false terror information; the Supreme People's Court and the Supreme People's Procuratorate release judicial interpretations related to civil aviation safety.

Due to flight delays, disputes and occupying business class seats in the cabin, lying to the airline about a bomb on the plane after missing a flight, causing all passengers to disembark for secondary security checks… These illegal and criminal acts involving civil aviation safety have all been severely punished.

On April 8, 2026, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Civil Aviation Flight Safety” (hereinafter referred to as the “Interpretation”) and three typical cases. The “Interpretation” will come into effect on April 9, 2026.

“Although the total number of illegal and criminal acts related to civil aviation flight safety is not large, they affect the public’s sense of security and the healthy development of the civil aviation industry, and even cause social panic within a certain scope. It is necessary to take multiple measures, including civil, administrative, and criminal, for comprehensive rectification,” said Luo Guoliang, head of the Fourth Criminal Division of the Supreme People’s Court.

The “Interpretation” will lawfully punish common “aircraft disturbances” such as illegally opening the aircraft door and fighting inside the cabin of civil aircraft.

Luo Guoliang pointed out that on one hand, the “Interpretation” clarifies that not all acts of illegally opening the aircraft door constitute a criminal offense. Only when the aircraft is moving under its own power or during flight, and the act of illegally opening the door poses a danger to public safety, can it be prosecuted for endangering public safety by dangerous means. For acts of illegally opening the door when the aircraft has not yet moved under its own power, administrative penalties can be applied according to relevant regulations, and the offender shall bear corresponding civil liability.

On the other hand, the “Interpretation” uses a list approach to specify the standards for conviction and sentencing for violent acts that threaten flight safety on flying civil aircraft, especially clarifying that violence against flight attendants may constitute the crime of endangering flight safety by violence. Additionally, the “Interpretation” provides guiding provisions for criminal penalties related to crimes such as damaging civil aviation computer information systems and interfering with civil aviation radio communication management order.

The “Interpretation” emphasizes strict punishment for crimes involving fabricating or intentionally spreading false terrorist information related to civil aviation flight safety.

The “Interpretation” stipulates that if the conduct affects the normal operation of civil aviation flights or civil airports, or causes public security, armed police, fire rescue, health quarantine, and other departments to take response measures, it shall be prosecuted for a crime; if it causes serious social impact or major economic losses, it constitutes serious consequences and shall be sentenced to more than five years in prison. The “Interpretation” also clarifies that whether the false terrorist information is fabricated or deliberately spread through explicit or implied means, if the relevant conditions are met, it can be prosecuted for the crime of fabricating and intentionally spreading false terrorist information.

The “Interpretation” further clarifies the territorial jurisdiction principles for criminal cases endangering civil aviation flight safety.

According to the “Interpretation,” criminal cases occurring inside civil aircraft, when the suspect is apprehended during flight, shall be under the jurisdiction of the people’s court at the first landing site of the aircraft; if necessary, jurisdiction can also be assigned to the people’s courts at the aircraft’s departure, stopover, or destination to avoid jurisdiction disputes in practice.

Tang Furong, deputy director of the Civil Aviation Administration of China Public Security Bureau, revealed that in 2025, the civil aviation industry completed a total passenger transportation volume of 770 million. With industry development, various illegal acts that endanger flight safety and disrupt onboard order occur from time to time, posing risks to civil aviation safety. These include unauthorized opening of emergency aircraft doors, occupying seats and luggage racks, smoking inside aircraft, insulting or assaulting crew members, fabricating and spreading rumors about civil aviation safety, and carrying dangerous goods onboard in violation of regulations. In 2025, the civil aviation public security authorities lawfully handled 1,081 onboard cases, a 6.5% decrease year-on-year, with a 17% decrease in incident rate per ten thousand flights.

Tang Furong pointed out that the issuance of the “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Civil Aviation Flight Safety” fills a legal application gap in this area, clarifies the boundaries between criminal and non-criminal acts, and between criminal and administrative penalties. It addresses previous enforcement difficulties in defining these issues, further establishing a legal protection system of “administrative penalties + flight restrictions + criminal sanctions.”

In January 2024, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued the “Guiding Opinions on Lawfully Punishing Illegal Acts in the Use of Aircraft” (Gong Tong Zi [2024] No. 3, hereinafter referred to as the “Guiding Opinions”), which, in the form of normative documents, stipulates standards for criminal conviction and punishment of certain acts endangering civil aviation flight safety, as well as coordination and communication mechanisms.

The newly revised Civil Aviation Law, which will come into force on July 1 this year, adds a dedicated chapter on security and further strengthens legal provisions for civil aviation security, raising the rule of law level of aviation security work. It stipulates that acts endangering civil aviation safety or disrupting civil aviation order, if constituting violations of public security management, shall be subject to administrative penalties by public security organs; if constituting a crime, criminal responsibility shall be pursued according to law.

Luo Guoliang pointed out that, in response to the current situation and prominent issues in lawfully punishing criminal acts endangering civil aviation flight safety, the “Interpretation” makes provisions on how to correctly apply criminal law and accurately grasp criminal policy, ensuring that judicial authorities at all levels apply the law lawfully and more effectively combat such criminal acts.