| Terrorism crime has been a difficult problem all over the world.Since the "9.11"terrorist attacks in 2001,terrorist crimes have been wreaking havoc all over the world,threatening the security and stability of all countries in the world.As a major victim of terrorism crime,over the years China has suffered various forms of terrorism crime has caused enormous losses to people's lives and property,and to our country's national unity and national security also formed a serious threat.Although all countries attach great importance to terrorist crimes,they continue to intensify their efforts to crack down and crack down in legislation,law enforcement,intelligence and emergency disposal.This aspect stems from the complexity and particularity of terrorist crime itself,and on the other hand,it is closely related to the defects and deficiencies existing in the investigation of terrorist crimes.Therefore,this article tries to analyze the causes and trend of crimes of terrorism and terrorism crime investigation cases of problems and difficulties are analyzed,and combined with the experience of other countries and proposes the solutions,so as to enrich the theory research of China's anti-terrorism,improve anti-terrorism investigation practice to make their due contribution.This doctoral dissertation includes an introduction and five chapters.The introduction part expounds the significance of the topic,the present research situation,the research method and the innovation.The position of this topic is to adhere to the study of terrorism from the perspective of criminal justice,shortcomings and Countermeasures of research will focus on the investigation process in the case of terrorism crime,and break the traditional investigation barriers actively carry out interdisciplinary research,promote the development of China's anti-terrorism theory theory and investigation,and efficiency at the same time in order to improve the quality of detection of cases of terrorism crime investigation reference.Our theoretical research on terrorism crime investigation problems have started early,but mostly as a study of comprehensive countermeasures of terrorism,or on a specific anti-terrorism investigation,these studies can be divided into the concept of terrorism crime,extraterritorial experience against terrorism,anti-terrorism investigation subject,investigation method,anti terrorism information etc..Foreign research on counterterrorism investigation is more mature and diversified,and it is more inclined to study the characteristics of terrorism crime from different perspectives,and attach importance to the study of counterterrorism policing.In a comprehensive view,there are still many problems in our country's research on anti-terrorism investigation,such as single,open and timeliness.Combined with discipline characteristics and research conditions,this paper mainly adopts literature analysis,comparative analysis,statistical analysis,case analysis,comprehensive analysis and other methods to carry out research.Though constrained by factors such as personal capability and data collection,there are still many immature and undeveloped aspects in this paper,but at the same time,some partial innovations have been made,such as innovation in research perspectives,investigative methods,and application of new technologies.The first chapter is the analysis and discussion of the concept,origin of the terrorism crime and the current situation and development trend of terrorism crime in China.The concept of terrorism crime is the starting point of this study.However,there are many disputes about the appellations and definitions of terrorism crime by various governments and scholars.This article advocates defining the concept of terrorist crime from four aspects:subject,motivation,object and means,and further clarifying the connotation of terrorist crime by analyzing its differences from the concepts of ordinary violent crime and organized crime.Terrorism crime as a special social phenomenon,especially its unique root and soil,can deepen our understanding of terrorist crimes.This paper summarizes the causes of its political causes,economic reasons,ethnic and religious reasons,and the actors' own factors.The present situation of terrorism crime in China mainly has two characteristics,one is from the distribution,there are fluctuations in time,relatively concentrated in the region;the two is from the type,can be divided into "Xinjiang independence" and "Tibet independence",the cult,international terrorist forces four.In addition,the crime of terrorism is also evolving,and presents some new trends,such as a terrorist organization,the trend of network crime means diversification trend,the main professional crime young female tendency,the crime of terrorism began to spread to the mainland and overseas return will bring a huge threat,the Internet is becoming an important tool of the crime of terrorism.The characteristics and development trend of these crimes are of great significance to the understanding of the shortcomings of the anti-terrorism investigation and the improvement of the countermeasures.The second chapter introduces and analyzes the shortcomings in the investigation of terrorist crimes in China from the aspects of counter-terrorism intelligence,emergency disposal,anti-terrorism investigation cooperation and anti-terrorism investigation guarantee.For the case of terrorism crime investigation counter-terrorism intelligence plays an important role,it can carry on the early warning of the terrorism crime,provide the basis for decision-making to provide guidance for anti-terrorism investigation,anti-terrorism investigation resources,provide clues for anti-terrorism investigation,after conversion can also be used as evidence in litigation.However,there are still some shortcomings in China's counter terrorism intelligence work,which are mainly manifested in the following aspects:weak collection capability,poor analytical ability,poor sharing and communication,and unbalanced development.Emergency disposal of sudden terrorism crime is an important part of anti-terrorism investigation,but in recent years,China's anti-terrorism department in emergency response work exposed many problems,such as the distribution of responsibilities is not clear,first-line Anti Terror emergency preparedness,counterterrorism professionals,lack of on-site assessment of the situation awareness is not strong.The collaboration can co-ordinate the use of multi anti-terrorism forces,improve anti-terrorism investigation efficiency,but restricted by various kinds of realistic factors and traditional ideas,anti-terrorism investigation cooperation in China still has some shortcomings,mainly in collaboration with police between closely enough and cross regional investigation cooperation is too traditional,in addition the international anti-terrorism investigation cooperation also face identification the difference,the law is not perfect,the single form,the shortage of talent and experience and other obstacles.To successfully carry out anti-terrorism investigation work depends on the perfect and powerful safeguard,but our counterterrorism investigation protection also exist some problems,such as setting and construction of anti-terrorism organization is not perfect,anti-terrorism investigation team of professional level is not high,poor psychological health,counter-terrorism investigators counter-terrorism equipment support is not in place.All of these problems have formed a restriction on our country's anti-terrorism investigation work,and thus become the key problem that this article tries to focus on.The third chapter makes a comparative study on the experience of anti terrorist investigation in the US,Russia,Germany and the United Kingdom from the aspects of anti-terrorism legislation,anti-terrorism organization and counter-terrorism investigation measures.These countries have long faced terrorism criminal threats,such as the UK and the crime of terrorism struggle has lasted for nearly a century,while the United States since the "9-11" international terrorist forces become the preferred target,so these countries in counter-terrorism investigation has accumulated rich experience,but also to explore and create measures a lot of dealing with terrorism crime and means.Overall,the national counter-terrorism investigation experience in general can be summarized as:emphasizing the prevention and combating of both;strengthen the legal protection of anti-terrorism investigation;the establishment of special anti-terrorism agencies;to carry out counter-terrorism intelligence work and sharing of attention;the formulation of special investigative measures,pay attention to relax the judicial control;development and application of anti-terrorism technology;increase public and public service department the obligation of cooperation etc..But because of the difference between different countries in politics,law and culture as well as the crime of terrorism threats,direct experience from other countries so we can not simply,but should seek inspiration from according to China's actual situation,such as clear investigation organs leading role,establish a special anti-terrorism investigation mechanism,strengthen the high-tech in the fight against terrorism the investigation of the application,given the investigation organ special investigation authority,pay attention to the protection of the rights and other anti-terrorism investigation.The fourth chapter is the countermeasures and suggestions to improve the investigation of terrorism criminal cases in our country,which is the core content of this article.In the area of counter-terrorism intelligence work,the key is to improve the counterterrorism intelligence agencies and systems,improve anti-terrorism intelligence collection methods,accurately identify the source of counter-terrorism intelligence and innovate the intelligence analysis method centered on intelligence integration analysis.In the anti-terrorism investigation method,should be at different stages of development of the crime of terrorism cases respectively formulate and perfect the corresponding methods of investigation,also should according to the characteristics of ax stabbed,terrorist bombings,car collision,hostage-taking different types of terrorism crime research make the investigation methods of.On the basis of other countries' experience and timely application of the latest scientific and technological achievements,we should rationally and effectively use traditional investigative measures,such as interrogation and special investigative measures,such as video detection,informant detection,etc.In addition,the application of preventive control measures in the investigation of counter-terrorism investigation should be actively discussed on the basis of the restraint measures stipulated in the anti terrorism law.In the aspect of anti-terrorism investigation collaboration,it is necessary to strengthen anti-terrorism investigation cooperation inside the public security organs;the two is to strengthen counter-terrorism investigation cooperation across the region,including the temporary and permanent investigation cooperation;three is to improve the international anti-terrorism investigation cooperation,including improving the international anti-terrorism cooperation framework,building a multi-level legal system and expand the new international anti-terrorism investigation cooperation mode and strengthen personnel training etc..In the area of anti-terrorism investigation,we should pay special attention to improving and perfecting the anti-terrorism organization,improving the professionalization level of the anti-terrorism investigation team,protecting the physical and mental health of the anti-terrorism investigators,and improving the basic and technical level of the anti-terrorism equipment.The fifth chapter is to discuss the protection of rights in the investigation of criminal cases of terrorism.In the fight against terrorism all over the world,how to ensure the effectiveness of anti-terrorism investigation and realize the protection of the rights of the relevant personnel is a sensitive and controversial issue.Especially after the "9/11"incident,some countries represented by the United States greatly expanded the power of intelligence agencies and law enforcement departments,and the prevalence of secret investigation aroused widespread criticism and controversy in the world.We should realize that these problems arise from the conflict between different values in terrorist crime investigation,specifically the conflict between order value,benefit value and justice value.However,because of the particularity of terrorist crimes,this value conflict can only be solved by compromise of one side,that is,to protect most of the people's rights and reduce some rights.This derogation is necessary and reasonable,but it is not absolute,and should be maintained at an appropriate range,and can learn from the international convention of human rights theory for the right to set up a security anti-terrorism investigation in the bottom line,so as to ensure the minimum rights can be realized.In anti-terrorism investigation,not only the basic rights of the suspects may be infringed,but also the legitimate rights of the victims and other ordinary citizens may also face the risk of insufficient protection or being infringed.Therefore,we should improve the rights protection in anti terrorist investigation,such as making clear the privilege of special investigation in anti terrorist investigation,strictly prohibiting extortion and confession by torture,strengthening the protection of privacy,and paying attention to the protection of victims' procedural rights and substantive rights. |
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