The Study On The International Cooperation Mechanism On Prevention And Management Of The Terrorism

The study aim of this Article is to discuss the feasibility of the constitution of the international cooperation mechanism on Prevention and Management of the terrorism in legal perspective. The changing trends of the terrorism in current force the anti-terrorism mode changed greatly. On the one hand, the crime prevention mode and the punishment under the traditional criminology cannot cope with the terrorism effectively, and on the other hand, it’s very difficult to realization the anti-terrorism within one state or one region. And it will become an evitable choice of the history development to constitute the international cooperation mechanism on Prevention and Management of the terrorism.In that case, it’s will be an important option for coping with the terrorism that constitution of the systematic international cooperation mechanism on Prevention and Management of the terrorism under the legal regulation. The constitution of the international cooperation mechanism on Prevention and Management of the terrorism is relied on the abiding of the basic international standards. The guarding of the principle of the sovereign, the establishment of the leadership of U.N., the insist on the principle of the international cooperation or the realization of the principle of the protection of the human right, are the necessary conditions for the human society to realization the cooperation on anti-terrorism based on the elimination of the prejudices on politic, religious and race.What’s kind of international cooperation mechanism on Prevention and Management of the terrorism should be proposed? How to regulate such cooperation mechanism under the legal framework, thus utmost limit the harm caused by the current international anti-terrorism order led by single large country? To resolve such two issues, this Article including five charters, will explain and annotate the constitution of the international cooperation mechanism on Prevention and Management of the terrorism in two levels through the view of the law.Chapter I to chapter III as the first level, the aim is to analysis and rethink the current international anti-terrorism, and discuss the realistic defect of the anti-terrorism based on the warfare mode led by single large country and regional cooperation rely on the jurisdiction mode. The Charter IV and Charter V as the second level, the aim is to study the realistic measures of the international cooperation mechanism on Prevention and Management of the terrorism and discuss the possibility on constitution of the international cooperation mechanism on Prevention and Management of the terrorism with United Nation as the core.It’s necessary to think and discuss the current anti-terrorism order that is useful for the constitution of the international cooperation mechanism on Prevention and Management of the terrorism. The rethinking of the defect of the current anti-terrorism order is logical premise for the constitution of the systematic prevents and manages the terrorism. Therefore, the first level is the logical premise for the second level, and the second level of this Article is the inevitable result of the factors mentioned in first level.Charter 1 explores the basic scale of the terrorism. This chapter distinguish the terrorism and general crimes and war through the basic elements of nature of the terrorism, and then, explicit the basic definition of the terrorism and analyze the basic types of terrorism, the respective characters and deep-seated reasons for the occurrence of several peak times of the terrorism and then further analyzes the current trends of the terrorism. This chapter is milestone of all the theoretical exposition and the reason for the generation of the current international anti-terrorism order is the performance characteristics of the terrorism on different stages that are the logical premise for the constitution of the international cooperation mechanism on Prevention and Management of the terrorism.Chapters II and III make further discuss and rethink on the current anti-terrorism order through the way of historical and comparative analysis. From the theoretical point of view, the terrorism should not only be seen as a mere crime, but also has the characters on the level of thought and ideologies. From the perspective of crime prevention, the armed activities have the ability to weaken the activities of the terrorism and suspend the development of the terrorism if the terrorism is considered as a crime. And that’s way the framework of the prevention and management of the terrorism never reject using the force, but such using of the force still abide by the basic principle of the international during the cooperation on prevention and management of the terrorism.U.S. and Russia is a typical representative on suffering the attack of the terrorism, the two countries are adhering to the tough anti-terrorism policies, but in essence, there are some fundamental differences between the nature of armed combat mode relies countries:the strategy taken by United States was the military action to other sovereign states, while Russia’s Chechen militants waged war, was occurred within the scope of a country’s sovereignty.As the leader of anti-terrorism international order today, U.S. counter-terrorism strategy system is still valuable in some way. As to the judiciary model, U.S. has a complete legal system on anti-terrorism with multiple departments involved, as to the armed attack, U.S. has clear guidelines and strategy on anti-terrorism, as to the anti-terrorism strategy system, such strategy covered different areas such as law, economics, politics, culture, etc., to ensure that all the anti-terrorist activities are carried out under the "law", and regardless of this "law" has been recognized in international society.The key point is that such strategy system can effectively ensure the maximization of its own national interests, but it breaks the limitation of the principle of national sovereignty, which is important footstone of the international cooperation mechanism on Prevention and Management of the terrorism, the spreading of such confliction will inevitably undermine the realization of international cooperation mechanism on anti-terrorism.Obviously, the international society has acknowledged such deficiencies, therefore, many international organizations have tried to realize the cooperation mechanism on prevention and management of the terrorism through the cooperation on judiciary. However, the general definition of terrorism is still not be confirmed, which caused the cooperation mode on anti-terrorism based on the regional cooperation is unable to cope with the rapid development of the terrorism.In chapter IV, this Article discuss the feasibility of constitution of the international cooperation mechanism on Prevention and Management of the terrorism based on the combination of the current institutional framework of United Nations on anti-terrorism and the convention legislation on anti-terrorism. This model is actually absorbed U.S. strategy on anti-terrorism, which advocate a comprehensive defense system; and anti-terrorism framework of Shanghai Cooperation Organization, which explore the feasibility of the international cooperation mechanism on Prevention and Management of the terrorism as a long term mechanism existed among the different sovereign states and operate among different international organizations effectively, which includes two aspects:strategic design and practical regulation.The constitution of the international cooperation mechanism on Prevention and Management of the terrorism with U.N. as the core, is a transferring of the international cooperation mechanism on anti-terrorism from punishment to systematic and comprehensive prevention and management mode. The terrorism as a systematic ethos has its’ own theoretical system, therefore, the strategic design on anti-terrorism should consider the strategy on anti-terrorism as a systematic project. From the list of the specific terrorism organizations to the establishment of the CFT monitoring system, from the perfection of the exchange mechanism on the real-time information to the breakthrough of the international cooperation mechanism on criminal judiciary, to the execution of the regulations on protection of the human right on the anti-terrorism processing, the strategic reasons on prevention and management of the terrorism should be kept during all the stages of anti-terrorism.Therefore, in chapter V, this Article will discuss the detail of the feasible measures from the side of the practical regulation, including how to determine a comprehensive guidance on prevention and management of terrorism, explore the feasibility on transplant the international treaties and principles into domestic legislation, the real-mode of police cooperation mechanisms on anti-terrorism and the operation of the supporting mechanisms, and study the execution of principle of "the principle to extradite or prosecute" and break the principle of "non-extradition of political rule" from the side of international criminal justice. Finally, this article also explores the operation of the protection of the human right on anti-terrorism.Finally, we will also discuss the effect the constitution of the international cooperation mechanism on Prevention and Management of the terrorism make to the establishment of China’s domestic anti-terrorism mechanism, and the status of the positioning in the international anti-terrorism order.The terrorism is a challenge to the bottom-line of morality and survival of humanity without any excuses. Building the international cooperation mechanism on Prevention and Management of the terrorism and breaking the current international anti-terrorism order, the prejudices based on the factors such as politic, religious and races would be eliminated in that case, and match the basic requirement of the human society on anti-terrorism, which should also be the attitude of the states which also suffer the threaten of the terrorism.