根据《东京公约》、我国法律规定及相关学理认识,我国对外籍航空器内行政案件不具有管辖权。外籍航空器机长授权管辖下我国机场公安机关不能取得行政案件的个案管辖权,其并不具有接受管辖权的义务。《蒙特利尔议定书》规定降落地国对外籍航空器内行为具有管辖权,并鼓励其确立这种管辖权。《蒙特利尔议定书》将来生效及我国加入后,我国法律宜先对违法行为人或受害人是我国公民的外籍航空器内行政案件确立管辖权。 According to the “Tokyo Convention”, China’s laws and regulations and related academic understanding, our country does not have jurisdiction over administrative cases in foreign aircraft. Under the jurisdiction of the captain of a foreign aircraft, jurisdiction of a case where the airport public security organ in our country can not obtain administrative cases is not subject to the obligation to accept jurisdiction. The Montreal Protocol states that the country of landing has jurisdiction over the conduct of foreign aircraft and encourages it to establish such jurisdiction. After the entry into force of the Montreal Protocol and our accession, our laws should establish jurisdiction over administrative cases in the foreign aircraft in which the perpetrator or victim is a citizen of our country.