The Study On Legislation Of Punishterrorist Crime

Since the21st century, terrorism crime has become a global issue and a serious public threat to all mankind, which severely undermines world peace and security of the international community, China is also not spared from the crimes of terrorism, especially the serial assaults committed by "East Turkistan" the terrorism organization, which have caused serious damage to China’s social orders along with huge property losses. In order to response to the crime of terrorism, the China Government, on the one hand, actively joins the international conventions against terrorism, and on the other hand, modifies and improves the domestic legal system as a response mechanism. Nevertheless, China’s anti-terrorism legislation is far from perfection. There is still a long way to go, compared to the standards of international conventions and other countries’anti-terrorism legality. In order to establish a scientific and comprehensive legal framework against terrorism, as well as to prevent and control effectively through the legal means, there is an urgent need to study the basic theory and practical experience of the international community and other countries’anti-terrorism law. This will provide the theoretical support for improving China’s legislation to terrorist crime.The first part of the study includes the basic theories of anti-terrorism-crime, including the definition of terrorism and its felony nature, the foundation and principles of anti-terrorism legality. Above is the logical starting point of this study. The second part covers international legislation of anti-terrorism and its evaluation. Legislative models of the International Conventions are categorized by terrorism modes. With the development of the terrorism crime, inventing a comprehensive anti-terrorism convention will be the development trend of the future. The international counter-terrorism conventions is good for organizing universal cooperation against terrorism, but there are still limitations as it ultimately depends on the jurisdiction of all sovereign states’domestic laws fighting against terrorist offenses. The third part explores the major countries’legislation of punishing the terrorist crimes and its enlightenments for China. Based on different legal traditions and domestic conditions, the nations adopt many a legislative mode, such as decentralized, specialized, or combined. Substantial laws set up a series of accusations and penalties for terrorism crimes, applying special proceedings according to the nature of terrorism crimes. In order to fight terrorism crime, Anti Terrorism Law is established. These countries’ legislative experiences and value orientation are worth using for reference, but meanwhile we should also learn a lesson from their short boards. The fourth part expounds China’s legislation of anti-terrorism-crime. Considering our legal revolutions and current situations, we are applying the decentralized legislative mode, and undergoing the transition phase to compound mode. China’s legislation roots in our own domestic realities, draws experiences from foreign countries, and response to the international Convention. But there are still many drawbacks. The fifth part studies the way to maturity of China’s Anti-terrorism legislation. In response to these shortcomings, China should make improvements to substantive law, procedural law, and anti-terrorism law, and work on the coordination of multiple laws.