| 英文摘要 |
Being an island country, aviation is not only an important means of transport, but also a key for sustainable economic growth. On the other hand, air transport facilities and airports are security-sensitive infrastructure, the running of which involves many aspects of policy. For Taiwan to become an international aviation hub, safety and efficiency are two key elements. Facing increasing concerns of international terrorism, state’s task in air transport safety is elevated from “flight safety” in the technical sense, to “aviation security” which involves many aspects of human activities. Both of these areas belong to police functions, and both are at the center of the air transport law. “Flight safety” primarily focuses on prevention of dangers to safety internal to the operational and technical aspects of aviation, aiming at the maintenance of safe, orderly and smooth flights. On the other hand, “aviation security” concentrates on prevention of dangers external to the air transport, in particular those involving hijacking, damaging the aircrafts, and terrorist attacks. In an era of internationalization of air transport and market liberalization, where air traffic is ever increasing and the operators are facing global competition, not only the running of the airports is increasingly seen as a private enterprise, the maintenance of flight safety and aviation security, although being a public policing function, is gradually open to participation from private sectors. By analyzing the evolution of German aviation law that involves the delegation of public functions („Beleihung“), this paper addresses the following two central aspects: first, the gradual reform of flight safety legal order in Germany, taking into account the changes brought by “Single European Sky” (SES); second, the enactment of and the main elements in German Aviation Security Act („Luftsicherheitsgesetz“). In terms of regulatory innovation, legal framework and effective execution, the privatization model of flight safety and aviation security in the German system can be considered a success, which offers a reference for Taiwan in its effort to become a hub for aviation in Asia-Pacific. |
