Research On The Legislative Perfection Of The Terrorism Crime

In the world today, as the focus of common concern to the international community, howto punish terrorism crime effectively and use legal regulation, has been a subject which needurgent research. Our current anti-terrorism criminal theory and legislation research has someshortages,sach as,starting late, lacking of theoretical basis, logical relationship chaos, relatedconcept definition is not clear, real legislation operability is not strong, can not adapt to thecurrent needs of social development So, we must strengthen the research on criminal theoryand legislation, To meet the need of modern war on terrorThis paper total of some30000words, is divided into four sections.First, terrorism crime defination debateAs the problem needs to be solved firstly in the theoretical research, the internationalcommunity has not formed a terrorism crime concept accepted for the mass of generally, thesame thing has happened in our country, Although oct29,2011by the standing committee ofthe National People’s Congress on strengthening the work on terror of the relevant questionsof the regulations to the "terrorist activities","a terrorist organization" and "terrorist activitiespersonnel" have made the definition. But these definitions have somewhere to be improved.and the "regulation" didn’t give "terrorism crime" a clear definition. We all know that"terrorism" and "terrorism crime" is different in fact. The former is the sociology of terroristbehavior evaluation. While the latter is a terrorist behavior of the evaluation of criminal law.In the official legal document the lack of terrorist ACTS of criminal law of evaluation, thisundoubtedly brings many problems on practicing operation of the criminal judicialcognizance. This chapter begins at the origin of terrorism crime, and then compare the originof the start foreign and local scholars in the field of related research results, but also toterrorism crime and several approximate concept, the article tried to study difference betweenterrorism crime to make a reasonable definition. That is one country by criminal law orinternational treaty provisions, terrorism crime organization or its agent to the implementationof the, often with political, social, or other purposes, and generally take violence is not inparticular noncombatant, and objectively will cause the social public panic psychologicalharm state security and public safety damage behavior, and the related to terrorism crime andthe implementation of the related behavior. Second, the comparing and analyzing of the terrorism crime legislation mode inmain states of the worldThis chapter select several countries have advanced research in anti-terrorism theory andlegislation, such as Britain, the United States, Russia, France, Germany, the legislation ofthese countries were briefly introduced, focus on mining and commenting three anti-terrorismcriminal legislation pattern which represent. The author thinks that, Multiple distributedlegislative model is, one country anti-terrorism crime legislation in different types andscattered provisions in the laws of the different categories, but did not make a special lawprovisions on the field content; Separate special type legislative model is, a country or regionagainst terrorism related crime for the nature of the centralized and unified legislation, ratherthan spread, attachment or other legal categories in doping regulations, the law generally hasspecial unified theme, that is concentrated in the service of the nation’s fight against terrorism;Composite combination type legislative model is, anti-terrorism legislation of a country orregion are not centralized and unified special legislation, but scattered in different legalprovisions, and these laws have the certain degrees of combination. These three legislativemodels have quality advantages and disadvantages, countries are constantly exploring for itsnational legislation pattern.Third, the situation and regret of our country’s legislation of crime againstterrorism at present.After "9.11", although China passed the amendment of criminal law (3)". Increaseterrorism crime charges related, and the amplitude of the punishment relevant adjust, improvethe country’s anti-terrorism legislation. By the standing committee of the National People’sCongress on strengthening the work on terror of the relevant questions of the provisions toterrorist activities on October29,2011, clear definitions on terrorist activities,terroristorganization and personnel have been made. But to meet the needs of today’s fighting againstterrorism crime, there is a long way to go. The author thinks that, the reasons are thefollowing: Firstr, the legislation didn’t have a clear definition on terrorism crime, cause thedifficulties in the judicial practice, and that subjective factors is too big. Second, ourcountry’s terrorism crime charges related to the criminal law in respect of chapters, referringto the same punishment and regulations, didn’t distinguish terrorism crime from ordinarycrime, this obviously is unfavorable to the blowing to terrorism crime. Three, have notprovisions of punishment reliefing and observing measures to terrorism crime,this is unfavorable to the differentiation and collapsing of terrorist organizationFourth, the suggestions on the perfection of our country’s terrorism crimelegislationThis chapter starts at the necessity of perfecting our country’s terrorism crime legislation,perfecting our country’s terrorism crime legislation meet the overall situation of fightingterrorism crime at present, contributing to the development of international cooperation andmaintain the fundamental interests of the people of our country. And then puts forwardpersonal opinions on terrorism crime legislation model and legislation contents. That is in thelegislative model, the author suggest when the time is ripe, issued new criminal law, and maketerrorism crime as a single chapter; In the legislation contents, the author also puts forwardthe corresponding suggestion.