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On The Design Of Legislative Of Counterterrorism Procedure Law

Posted on:2016-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2296330479987944Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Today’s world, terrorism has been with political corruption, environmental pollution has become one of the three tied for twenty-first century threats facing human society. Based on political, religious, ethnic, historical and other reasons, resulting in our country is facing, "East Turkistan", "Tibetan separatist", "cult", "personal extreme" and other aspects of the terrorist threat. Especially into the twenty-first century’s second decade, the "East Turkistan three forces" are frequent, creating a "Beijing 10 ? 28", "Kunming 3 ? 01" and some other column appalling terrorist events. Faced with this grim situation of terrorism, compared with developed countries, China’s anti-terrorism there is a great lack of legal system, especially for terrorist offenses in this category is very special, extraordinary social harm, anti-human, anti- crime type of society, but the lack of a series of terrorist crimes will be brought to justice in strict criminal proceedings. The rule of law is the basic strategy of governing the country of our people, the implementation of anti-terrorism criminal proceedings according to law is a necessary requirement for building the rule of law in our country. In a comprehensive system of anti-terrorism laws, anti-terrorism prevention law, the substantive law on terrorism, counter-terrorism and related international treaties, laws and regulations of the country, the anti-terrorism law proceedings in criminal proceedings is to protect against Terrorist Crimes procedural safeguards, anti-terrorism legal system in an important and indispensable part. Anti-terrorism legislation to criminal proceedings on the basis of comprehensive consideration of the nature of terrorist crime, the degree of harm and other social factors, the reference for the relevant legislative experience abroad. Anti-terrorism situation proceedings legislative model on the one hand reflects the level of a country’s legal system, while also able to reflect a country’s legislative technique, the rule of law experience, historical background, systems and values and so on. Anti-terrorism legislation in criminal proceedings should be strong identity and the difference of the unity of opposites, pragmatic and appropriate forward-looking combination. Adhere to the rule of the road with Chinese characteristics, choice for terrorist crimes suitable for China’s criminal procedure, contributing to the concept of the rule of law and justice, help to improve the efficiency of punishing the crime of terrorism, and helps to maintain the domestic legal system stability, help maintain social stability and unity of the overall situation.Firstly, the proceedings of the advanced anti-terrorism legislation has been focused introduction, through comparisons of, lessons learned and other research methods, learn from foreign advanced experience in anti-terrorism legislative program. Then, I try to focus on in our country is currently facing a severe anti-terrorism situation, in-depth analysis of the status quo of China’s existing anti-terrorism legislation program to find out which inadequate and needs to be improved, and the sub-section(part of the program) of anti-terrorism laws were being developed analyzed together. Finally, on the basis of the above discussion, drawing reasonable, comprehensive analysis, opinions on the future of China’s anti-terrorism legislation proposed rationalization program proposals, hoping to be able to further improve our modest contribution to the anti-terrorism law system.
Keywords/Search Tags:Terrorism, Counterterrorism Law, Legislative Mode, Legislative of Counterterrorism Procedure Law
PDF Full Text Request
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