On The Legislative Problem Of China’s Anti-terrorist Crime

Currently, the crime of terrorism spreads throughout the world like plague. In the past several decades, China has never been suffer serious threat of terrorist, yet the signs are not encouraging,in recent years,terrorism liking spreading virus has increase in frequency and intensity in the northwest of China. As a result,endoland region of China is also undering threat. Considering grim international and domestic circumstances, intensified efforts to reduce the threat from terrorism are needed. But,before that,we must fully understand the nature and characteristics of terrorism crime, summarize the experience and lessons of the past and observe the change in the anti-terrorist laws with a developing vision. Upon this way, our anti-terrorist work will be guided.This article has a foothold in the criminal law amendment (9), emphasizing on Legislative process, Legislative content and present status of Anti-terrorism law with analysis, induction and comparison. It is hoped this paper will provide theoretic support and practical reference to anti-terrorism work.The first part:Definition of terrorism. At first,the article put forwad that this is of practical value to defining terrorism. Because clear and unambiguous definition of terrorism can provide theoretical basis for anti-terrorism work in practice and contributes to international anti-terrorism cooperation. Then, after comparing with the official explanation, the author classifies different views of domestic scholars to state himself position. On the basis,the author has the conclusion that terrorism includes two views:"propositions and acts". At last, the author eliminates his view by analyzing the differences between acts and propositions of terrorism. In addition, the views that the acts of terrorism can be divided into act of violence and non-violent was proposed and studied to testify viewpoint of the author.The second part:The evolute way of China’s anti-terrorism legislation. In this part China’s anti-terrorism legislation is divided into three stages according to the time sequence. Decades experiences of China’s anti-terrorism legislation are represented and are divided by two landmark events. Within a static perspective to observe the dynamic development of China’s anti-terrorism legistion,the article compares different characteristics of each stage, and reveal the process of China’s anti-terrorism works. By compareing the criminal law amendment (9) to the previous criminal law amendment and summarizing theirs characteristics, this article indicates that the new criminal law in cmparison to the old law has been great progress.The third part:Definition of terrorism crime in the theory of crime constitution. On the basis of illuminating the definition of terrorism, the theory of crime constitution of China’s criminal law (crime subject, crime subjective aspect, crime object, crime objective aspect) and five kinds of elements of crime objective aspect (damage behavior, the results, the behavior of the object, means and methods, time and space conditions)are lead up to analyze terrorism-related crimes. In this way, the author expects to clarify characteristics of terrorism crime elements and define terrorism from an entirely new angle.The forth part:The problems in recent anti-terrorism laws and how to solve them. At first, The author praises the meaning of criminal law amendment (9)’modification.however,at the same time,the author points out three arguments:The first is if inciting anti-terrorism crime in a beautify way should be punished. The second is if a single behavior of false Terrorist information can be a crime. The third is if China’s anti-terrorism legislation is hysteretic. At last, this article analyze these arguments,and give the clues of author’s attitude and solutions.Finally, the article summarizes the full text, points out the important guiding significance of definiting the terrorism crime by the theory of crime constitution and indicates the anti-terrorism works must be done up to the criminal rules.The author appeal for the victory of anti-terrorism which needs the efforts of the whole society.