Research On The Legislation Of Prevention And Control Of Terrorism Crime In The New Period

The main threat to the current national security is terrorism.In recent years,the threat of terrorism in our country has been increasing.The occasional and randomness of violent terrorist activities has become more and more effective.The killing of civilians is more likely to trigger social panic,and the public is like a thorn in the back,hide still.Terrorism has become a serious threat to our country's national security and is a prominent problem that we have faced and must solve.How to find out the problems of anti-terrorism legislation such as anti-terrorism criminal legislation and anti-terrorism law under the guidance of the anti-terrorism policy in the new period,and perfect the anti-terrorism legislation to foreign anti-terrorism legislation for reference,so as to better prevent and control the crime of terrorist activities and to achieve the purpose of permanently cure of anti-terrorism is an important subject and the main content of this study.This article is divided into five chapters to start the relevant discussion.The first chapter mainly introduces the basic situation of China's terrorist activities in the new period.The definition of terrorist activities is the prerequisite and starting point of anti-terrorism legislation.The concept of "terrorism","terrorist activity" and "terrorist crime" is an objective requirement of countering terrorism.Although there is considerable controversy over the concepts of "terrorism" and"terrorist activities",there is a consensus on the basic elements,"Terrorism" is a macro and upper concept,covering both the ideology of terrorism and the acts of terrorism."Terrorist activity" refers to a specific terrorist act,belonging to the lower concept of the category.In order to avoid the mixing of concept and the fuzzy of application,this paper's research and discussion based on specific terrorist acts,select the concept of "terrorist activities" to study the specific terrorist activities crime and related legislation of prevention and control terrorist activities.Since the founding of the country,China's terrorist activities have come and gone,never stopped,experienced different stages of development,terrorist activities show the characteristics of expansion of the terrorist scope,network of terrorist activities,decentralized forms of organization and terrorist activities' personnel are younger and feminine.The Cyber-terrorist activities,micro-terrorist activities and "hijirat" terrorist activities become China's new types of terrorist activities,and are new threat to China's fight against terrorism in the new era.The second chapter analyzes the policy and legislative principles of our prevention and control of terrorist activities in the new period.The policy of prevention and control of terrorism has played an irreplaceable and important role in China's anti-terrorism struggle.The new situation of China's terrorist activities in the new era has had a profound impact on the anti-terrorism policy.The long-term nature of the terrorist activities in the new era requires tackling both the symptom and the fundamental.The complexity of the terrorist activities in the new period calls for a full-scale anti-terrorism,and the sociality of the terrorist activities in the new era requires "three-point strike,seven-point governance".China's anti-terrorism policy in the new period is in line with the actual needs of the struggle against terrorism.It is a macro guiding principle for the development of anti-terrorism legislation.Under the guidance of the anti-terrorism policy in the new period,China's anti-terrorism legislation has been supplemented and modified according to the new development of international and domestic terrorist activities.As a macro strategy of anti-terrorism legislation,China's policy of prevention and control of terrorism mainly includes criminal policies,ethnic policies and religious policies,which play an important role in guiding anti-terrorism legislation.At present,China's legislation to prevent and control terrorist activities reflects the prelude and expansion of anti-terrorism criminal legislation,coordination of administrative counter-terrorism and criminal counter-terrorism,opposition to national division and religious extremism,and anti-terrorism priority while safeguarding human rights.The above legislative principle is not only the performance of anti-terrorism legislation in our country,but also guiding the perfection of anti-terrorism legislation.The third chapter discusses the current situation and existing problems of the crime of preventing and controlling terrorist activities in our country.The relevant legislation on the prevention and control of terrorist activities in our country mainly includes the Criminal Law,the Anti-Terrorism Act,the Network Security Law,the Anti-Money Laundering Law and the local regulations on counter-terrorism.These anti-terrorism legislations provides legislative basis for prevention and control of terrorist activities,but there are still some problems of the current anti-terrorism legislation.On the macro-side,the criminal legislation of terrorist activities have some problems of the legalization of long-term policy and recent policies of combating terrorist activities,the coordination of normal law and emergency law of counterterrorism,the criminal legislation mode and legislative system fight against terrorist,the relationship between strong anti-terrorism and flexible counter-terrorism.At the micro-level,there are some problems of the unclear definition of "terrorist crime",the imperfection of the type of terrorist acts,the omissions of existing criminal provisions and the specific legal application dilemma of terrorist activities in judicial practice."Anti-Terrorism Law" also exist the dilemma in the application,such as some general problems of the emergency features cannot respond to new changes in terrorist activities,the government-led pattern cannot achieve comprehensive prevention and control,attaches great importance to the event control and response,ignore social governance in advance and lack of global and three-dimensional of counter-terrorism countermeasure system.At the same time,there are some specific problems such as lack of legalization of social intelligence system,insufficient regulation of cyber terrorist activities,unclear boundary applicable to counterterrorism measures and the questioning of resettlement education provisions for terrorist personnel."Network Security Law" lacks the safeguard measures of technology research and development capabilities in key areas,ignores the legal control of foreign network intrusion and domestic active acquisition behavior,ignores the important role of technical means in network security prevention and control system,and the boundaries between cyber operator legal responsibility and the protection of citizen information security are unclear.Moreover,there are also many problems with the convergence of anti-money laundering law,anti-terrorism local regulations and anti-terrorism law.The fourth chapter discusses the relevant foreign criminal legislation and reference value of prevention and control of terrorist activities.This chapter systematically introduces the basic situation of foreign anti-terrorism legislation.On the basis of analyzing the commonality and difference of anti-terrorism legislation between China and foreign countries,this paper summarizes the reference of foreign anti-terrorism legislation to our country.The United Nations,the European Union,the Shanghai Cooperation Organization and other international organizations,as well as Russia,Britain,the United States and other Western countries' legislations to prevent terrorism and terrorist activities,have strong references to construction of China's anti-terrorism legislation system.Both China and abroad all prevent and control terrorist activities through various departments,attention to anti-terrorism cooperation of bilateral and multilateral,and take three-dimensional anti-terrorism legislation pattern.However,there are still some differences between China and abroad in terms of the background,position and focus of legislative measures.China should learn from the advantages of foreign legislation,establish comprehensive anti-terrorism legislation system,strength international cooperation in the fight against terrorism,establish long-term countermeasures of anti-terrorism in order to deal with serious challenges of terrorist activities.The fifth chapter puts forward some suggestions on how to improve the crime of preventing and controlling terrorism in our country.Based on the existing problems in China's anti-terrorism legislation,this chapter puts forward some concrete suggestions on perfecting the relevant anti-terrorism legislation on the basis of drawing lessons from the experience of foreign legislation.In the aspect of the legislation perfection of anti-terrorism criminal law,we must first clarify the connotation and extension of"terrorist crime",define "terrorist crime" as a terrorist act which is criminal responsibility in accordance with our criminal law,and pay attention to the terrorist nature and criminal offense of the terrorist acts.Second,we must improve the existing criminal provisions of terrorist activities.And finally to increase the crime of smuggling,trafficking,transporting of terrorism and extremist goods,harboring,condoning terrorist organizations crime,the crime of committing terrorist acts and other new charges.In the aspect of legislation improvement of anti-terrorism law,we will strengthen the anti-terrorism effect,attach importance to pre-prevention and control,carry out forward-looking legislation,construct dual-coordinated pattern of anti-terrorism forces between the government and the public,and set up special provisions for cyber terrorist activities,to improve the legislative system of anti-terrorism law.At the same time,to further improve the relevant provisions of"anti-terrorism law" in the "security" chapter and "intelligence information" chapter.In the aspect of legislation improvement of cyber security law,it is necessary to strengthen the research and development ability of the core technology of the relationship between the people's livelihood and the people,strengthen the control of the overseas network intrusion and the domestic active acquisition behavior,clarify the relevant terminology through legislation and coordinate the relationship between network operator's law responsibility and protection of citizens' information security.In addition,in order to achieve all-round governance of anti-terrorism legislation,we must improve the anti-money laundering law and the relevant local legislation,to achieve the effective convergence between relevant legislation and anti-terrorism law,and to build a system of anti-terrorism legislation.