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On Prevention Of Nuclear Terrorism Crime

Posted on:2012-05-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:1116330332497413Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The causes of terrorism, the reality of performance and the future trends are all the focus on which the international community should take care.Nuclear terrorism is one of the most serious challenges to international peace and security. Nuclear terrorism is a new form of terrorism, which has similar features as others, while,it has its own characteristics. The study on the nuclear terrorism crime can enrich the research on international criminal law and it also can help us to understand the relationship between international criminal law and the related disciplines. The research on terrorism has gone beyond the disciplinary boundaries and become a common concern on humanities and social sciences. Terrorism is an important concept of social science,such as the international law, international politics, international criminal law, international relations, psychology, sociology, criminology, political science and other subjects,and different perceptions have a significant association with different perceptive view of it. The study on nuclear terrorism has significance both at the international level and the national level,because it is related to the overall international situation and international social order,and at the same time,it is a matter of national strategy and security. Preventing nuclear terrorism need to improve the basis of international law, establish global nuclear security system through the United Nations and the International Atomic Energy Agency, strengthen international cooperation and advance nuclear safety at the national level. It should be noted that the ultimate elimination of nuclear terrorism crime depends on the establishment of new international economic order, the gradual implementation of the democratization of international relations and respect for diversity of civilizations.China has not suffered from terrorist attacks like "9.11",but it does not mean we can ignore the problem. Speaking either from international environment or the domestic,the world terrorism camps all attempt to form a larger undercurrent union to attack the world.To launch a nuclear terrorist attack in China,the terrorists not only have motivation, but also have the resources and organizations.This paper can be divided into five parts. The first part is an introduction. This part begins with the international nuclear security summit held on April 2010 in Washington.DC and takes the trends and consequences of terrorism crime as the origin of the topic.Terrorism is harmful to human society, and with the development of history,the economic globalization also shaped the new face of terrorism. Frequent terrorist attacks are special performance of human conflict, while the peace-loving people have never stopped the fight against terrorism. Having witnessed the disastrous consequences of"9.11", we can not wait for the coming of an nuclear "9.11",so we should make preparations to prevent the occurrence of nuclear terrorism crime, which is the sense the study makes. An interdisciplinary point of view and comprehensive perspective are the basis for understanding the nuclear terrorism crime, which is also the precondition to seek countermeasures and managements. The theories on national interest, the international situation and international relations of international politics all bring inspiration to the study of nuclear terrorism and the use of these theories fits in the dual nature of international criminal law - the international property and criminal property.Historical research methods, comparative research methods and empirical research methods are essential to study nuclear terrorism.The second part discusses the status of nuclear terrorism crime and the dilemma prevention of nuclear terrorism crime. Before the introduction of the status of nuclear terrorism crime, the related concepts and the types of such crimes are proposed.The international legal documents related to nuclear terrorism such as the "International Convention for the Suppression of Acts of Nuclear Terrorism" represents crime prevention and suppression,which highlights the international community determination to prevent the crime.It should be noted that, we still have room to improve the legal system, international cooperation and practical management.The third part focuses on the basic theory of crime prevention. Different options of heoretical bring different understandings of international issues,which result in different roles of the states. The former part is to understanding the crime from the perspective of international relations.National interest theory, interdependence theory and theory of globalization all have an unique interpretation of terrorism, according which different national strategies are established.Nuclear terrorism is not a passive object, but brings both challenges and opportunities to international relations,such as impact on international structure, complexity of national security interests, the failure of original system and the substantive test of international cooperation, etc.; opportunities include a closer link of the interests of international bodies,highlight the status of nuclear security and counter-terrorism, new cooperative mode and so on. The following part is the establishment and implementation of international criminal policy. The development and improvement of the international criminal policy have its ideological basis, theoretical basis and practical basis, and takes science, rule of law and international principles as a guide.In order to prevent nuclear terrorism, the international criminal policy changed from post-combat to advanced prevention, from military to comprehensive management,from unilateralism to international cooperation, which connects the complex crime to the relatively stable international criminal law.The fourth part is based on relevant theory, and put forward some suggestions such as the improvement of international law, establishment of a unified international coalition and strengthening the management of nuclear terrorism events. Improvement of legal documents includes the substantive provisions and procedural requirements, restriction of military nuclear energy and promotion of civilian nuclear energy.The establishment of anti-terrorism alliance needs reinforcement of the collective security system, optimizes body function, adjusts the national nuclear security strategy, etc.within the framework of the United Nations. Strengthening the management of nuclear terrorism incidents needs to improve both the hardware and software, strict safekeeping of nuclear materials and nuclear weapons, strengthening education and so on.The fifth part is about the situation in China.Combined with the contemporary threat of nuclear terrorism crime, this part discusses the efforts we made,such as signing and enforcing the international treaties, adhering to the restrictions of military nuclear energy, promoting safe and cleaning civilian nuclear energy. China is looking for new pathes to prevent nuclear terrorism in the new situation both in construction of legal system and strengthening the practice of anti-terrorism, and is willing to participate in international cooperation to make various attempts to prevent nuclear terrorism crime.
Keywords/Search Tags:Nuclear Terrorism Crime, Prevention, International Criminal Policy, Cooperation
PDF Full Text Request
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