| Entering the 21st century,terrorism spread unchecked around the world rapidly,imposing great threats to peace and security of all countries,and closely influencing national security and social stability of China.With increasingly serious terrorism harms,countries and regions in the world have enhanced relevant legislation in succession and international cooperation in counterterrorism,so as to intensify prevention of and punishment to crime of terrorism.Following the situations,China defined the“crime of organizing,leading and joining any terrorist organization”in the Criminal Law?1997?,and added a series of charges for fighting against crime of terrorism and introduced the term of“crime of terrorism”in the Amendment to the Criminal Law?III?,preparing legal guarantee for further cracking down on the crime of terrorism.After the 7.5 Event in Xinjiang,crime of terrorism in China entered a new historical period,and crimes of violence and terrorism became frequent,which were characterized by wider scope of influence and serious social harms and impacts,causing a great challenge to the efforts against such crimes.In order to adapt to the counterterrorism situations in the new era,the Counterterrorism Law of the People's Republic of China was mapped out in 2015,which serves as a powerful security for fights against terrorism in China.That same year,the Amendment to the Criminal Law?IX?was promulgated,perfecting the final shield for fights against the crime of terrorism.The Amendment mainly adds the charges relating to terrorism,which are different from the crimes of terrorism in traditional ideas and in the Criminal Law.Just under such a context,this paper carries out relevant studies.It stylizes the mode of behavior of the crime of terrorism on the basis of existing legal regulations and real cases in practice,with the focus on the non-violent crime of terrorism opposite to traditional violent crime of terrorism,thereby being taken seriously by the circles of theory and judicial practice.In the text,the paper mainly explores the following points:whether the fight against such crime of terrorism needs to be different from those against traditional crime of terrorism;whether the theoretical basis should be different;what is the key in criminal and legal regulations on such behaviors;what kinds of problems exist in China's current criminal law system against the crime of terrorism;and how we should build the criminal law system against such terrorist behaviors scientifically and reasonably.The whole paper is structured with six chapters and 160,000 Chinese characters,and mainly looks at the followings:Chapter ? is the general introduction to non-violent crime of terrorism with three sections,to mainly introduce numerous and complicated concepts of terrorism,then analyze definitions of terrorism by dictionaries,domestic and foreign scholars and some countries and international organizations,and finally propose the author's concept of terrorism,namely the behavior making social panic,endangering public security,encroaching on personal property,or coercing state organs or international organizations for relevant political and ideological purposes through violent,destructive,threatening or other non-violent means.Based on the above-mentioned as the foundation for defining non-violent terrorism,the Chapter then explores the necessity to stylize the concept of non-violent crime of terrorism,and reaches the basic concept of non-violent crime of terrorism of this paper,namely the behavior and claims“taking advantages of non-violent ways to achieve the effect of making social panic,endangering public security,encroaching on personal property,or coercing state organs or international organizations”,so as to satisfy relevant political and ideological purposes.According to the concept,the Chapter describes types and characteristics of non-violent crime of terrorism.This Paper classifies non-violent terrorist activities into three major types:cyber-terrorism,economic/financial terrorism and other terrorism through aids,on which the following description centers.Chapter ? examines existing regulations on non-violent crime of terrorism with three sections.It analyzes relevant international conventions,counterterrorism laws and criminal laws of some countries,and the regulations on non-violent crime of terrorism involved in the Counterterrorism Law and the Criminal Law of China.Many UN resolutions have mentioned and affirmed that any such behaviors must be severely fought against,for example,any behavior subsidizing and preparing any terrorist activity;any behavior organizing,stirring up,assisting or taking part in terrorist activity;or any behavior beautifying and providing protection for terrorist activity,and have specified the fight as a mandatory obligation that all member countries must reflect in their domestic laws.In addition,relevant laws must strictly define relevant money-laundering and terrorist financing behaviors and the measures severely against any extremism.Besides the above-mentioned behaviors,the legal systems of counterterrorism of the countries also pay special attentions to cyber-terrorism,namely audio-visual dissemination of terrorism and extremism through Internet.All such behaviors are the crime of terrorism,but not traditional violent crime of terrorism,and are defined as the objects to be severely fought against in relevant international conventions and counterterrorism laws of countries in the world.Such practices are taken as the basis for the author to further carry out stylization.Chapter ? explores the theoretical basis of non-violent crime of terrorism with three sections.First,the author discusses the hysteresis and sense of powerlessness of traditional theories of criminal law in dealing with the crime of terrorism.Carrying out the description from the essence,behavior and basis for responsibility undertaking of crimes,the Chapter thinks that sticking to traditional theory of criminal law cannot meet the needs of counterterrorism,and then draws the conclusion that in the field of counterterrorism,the basic theory of criminal law should be moderately amended to be suitable for new changes.Second,the author expounds the criminal law of enemy systemically,analyzes basic concept of criminal law of enemy and introduces views of the scholars for and against the criminal law of enemy,and then reaches his view,namely relevant theory on criminal law of enemy has been reflected more or less in the field of counterterrorism actually.According to the author,the criminal law of enemy is only a conceptual expression.In fact,there is no anyone who has been really taken as the“enemy”without any right guarantee in the field of counterterrorism.Even wars should follow relevant rules due rather than wantonly kill innocents without any rules,and respect and guarantee basic human rights of P.O.W.Therefore,the author holds that the basic theory of criminal law of enemy is of active significance and valuable in dealing with serious violent crime of terrorism.Third,taking the risk criminal law in risk society as the object of discussion,the author systemically describes basic concept and theory of the law,discusses influences of the theory on counterterrorism legislation.The connotation of the law itself determines that its nature is more moderate than the criminal law of enemy,radical and rational,expansive and basic theory-oriented,and order-followed and right-protected.Non-violent crime of terrorism,due to some difference from traditional violent crime of terrorism,has social harms and public feeling of its behavior lower than those of violent crime of terrorism.For this reason,the author prefers that,the risk criminal law,as a supplement to the criminal law,can serves as the theoretical basis for non-violent crime of terrorism.Chapter ?,with three sections,analyzes key essentials of non-violent crime of terrorism.It continuously explores the theoretical basis for non-violent crime of terrorism.The author defines the risk criminal law as the basic theory for the crime,and takes its as a supplement to traditional criminal law,trying to let it work and play a role.However,the risk criminal law also faces some query and challenge,and some basic issues need to be clarified further.First,it explores that non-violent terrorist activity is on earth a violation of regulations or an infringement on legal interest.By comparing and measuring the value of criminal law,the author draws the conclusion that the key of the regulation on non-violent crime of terrorism lies in the infringement on legal interest.The infringement means at least that threats of infringement are caused,and the logic starting point of the threats is behavior.Moreover,the author thinks that the main legal interest infringed on by non-violent crime of terrorism is national security,and then approaches the abstract danger,the“no alternative”principle of criminal law,the valuelessness of behavior and the valueleness of consequence,trying to discover the balance among the four aspects and providing further theoretical basis for identifying the issues and components relating to criminal-law regulations on non-violent crime of terrorism continuously.Chapter? carries out the analysis of the issues in criminal-law regulations on non-violent crime of terrorism on the basis of four sections.First,the author gives a systemic induction of existing legal systems,and of characteristics of criminal legislation,thinking that the existing legislation presents the tendency of preventive criminal legislation,and the characteristics of more abstract danger offenders and crime preparation acting as principal offender in specific legislation process.Furthermore,the author analyzes how to connect the Criminal Law and the Counterterrorism Law with the Regulations of Xinjiang Uygur Autonomous Region for the Implementation of the Counterterrorism Law and the Regulations of Xinjiang Uygur Autonomous Region for De-extremism,thinking that there exist problems in legislative purpose,scope of adjustment and terminology.In addition,the author also analyzes some defects in the existing charge system,holding that there are some problems in the counterterrorism criminal legislation mode due to no categorized legislation.Meanwhile,the Criminal Law has no full coverage of qualification penalty and fine penalty as well as other aspects,and the general provisions of the Criminal Law lacks the guidance about the crime of terrorism,and many items such as heavier punishment,age limit for criminal responsibility and unit crime need to be clarified further.In terms of specific system building,the author thinks that the Counterterrorism Law stipulates relevant administrative responsibilities,but the Criminal Law has no the stipulation that those of serious nature must undertake the criminal responsibility,and the setting of charge is less wide.Moreover,there are some other defects,for example,non-violent crime of terrorism is not included in the category specified by the Criminal Law;connotations of existing charges need to be further perfected;the behavior to reach the purpose of crime of terrorism by damaging the network system is not specified,and the behavior whitewashing thoughts of terrorism and extremism is not defined,etc.Chapter ? is of specific building of the criminal-law regulations on non-violent crime of terrorism with two sections.First,the regulations on the crime of terrorism on the basis of the risk criminal law and legal interest infringement must continuously stick to the basic philosophy of respecting and safeguarding human rights,and to the criminal policy of tempering justice with mercy with the focus on tempering justice,which is the foundation for building the regulations.Second,on the basis of stylizing the crime of terrorism,and referring to the mode of counterterrorism criminal legislation in French criminal law,we should include the crime of terrorism in the chapter of the crime of endangering national security,and thereupon carry out the legislation of non-violent terrorist activities.Specifically,on the basis of the above-mentioned categories,non-violent crime of terrorism can be classified into three major types:economic and financial crime of terrorism,cyber crime of terrorism and the crime of terrorism by offering funds and aids. |
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