Research On The Criminal Coercive Measures Aganst Terrorism From The Perspective Of International Human Rights Law

On September 11,2001,terrorists hijacked two airplanes and crashed them into the World Trade Center in New York.It was like the disaster scene of the movie lens that shocked the world.Subsequently,the United States led NATO to launch a common defense clause to launch the war on terrorism.Through Resolution 1373,the United Nations requires Member States to take action in accordance with Chapter VII of the Charter of the United Nations.The global anti-terrorism has set off a climax,and various anti-terrorism laws,policies and measures have been introduced,among which the most direct way is to strengthen the government's power to fight against terrorism.However,the international community soon realized that under the influence of anti-terrorism of the United States,the anti-terrorism measures of some countries threatened the basic human rights.The indefinite detention of the United States,the terrorism prevention and investigation order of the United Kingdom and even the assets freezing system formulated by the United Nations Security Council deviated from the human rights principles to some extent.In the past 19 years of 9 / 11,US anti-terrorism not only failed to eliminate al Qaeda and the Taliban,but also created more contradictions.The political situation in the Middle East is unstable,and countless civilians have been killed in the war.In Europe,the religious conflicts have intensified,and the gap between Christianity and Islam has deepened.The international community has gradually reached a consensus that desperate anti-terrorism will lead to more terrorism.Anti-terrorism must adhere to respect for human rights,fundamental freedoms and the rule of law.This paper takes the criminal coercive measures against terrorism as the research object,and carries out a comprehensive and systematic study from the perspective of international human rights law.In terms of research content,the paper chooses several criminal coercive measures,such as detention,search,seizure,freezing,and monitoring which are closely related to personal liberty,property right,and privacy right.It focuses on the intervention of basic rights in the development of criminal coercive measures against terrorism,and how to balance national security and human rights protection.In terms of research ideas,the paper abides by the basic ideas of raising,analyzing and solving problems;in terms of research methods,it comprehensively uses comparative research method,legal hermeneutics method,value analysis method and case analysis method.This paper analyzes the concept and characteristics of criminal coercive measures against terrorism,reveals the essential nature of the basic rights of intervention by criminal coercive measures against terrorism,and focuses on the intervention of human rights by criminal coercive measures against terrorism and the regulation of human rights on criminal coercive measures against terrorism.It is concluded that the criminal coercive measures against terrorism and the protection of human rights are mutually restrictive and complementary.The paper studies the problems existing in specific criminal coercive measures against terrorism from the perspective of human rights law.The research shows that after September 11,in the relationship between anti-terrorism detention and personal liberty,there are some outstanding problems,such as reducing the legal requirements,emphasizing the preventive nature,adopting the detention without court trial for foreigners,uncertain detention and so on.In the relationship between anti-terrorism search,anti-terrorism seizure,anti-terrorism freezing and property rights,there are some problems,such as the normalization of antiterrorism search in public places,the aggravation of racial discrimination by anti-terrorism search and anti-terrorism seizure,and the anti-terrorism freezing system does not meet the legal requirements for the protection of property rights.In the relationship between antiterrorism monitoring and privacy right,there are many problems,such as mixed investigation monitoring and intelligence monitoring,reducing the standards of privacy protection,blurring the scope of monitoring,and treating citizens and foreigners differently.These problems aggravate the dilemma of protecting personal liberty,property right and privacy right.This paper attempts to solve the above problems from the perspective of human rights law,and strive to achieve the balance between criminal coercive measures against terrorism and human rights protection.The value,norms and objectives of human rights protection can effectively regulate criminal coercive measures against terrorism,and provide a path for the reasonable expansion of specific criminal coercive measures against terrorism.in the relationship between anti-terrorism detention and personal liberty,we should make clear the recognition standards of different types of detention,improve the legal norms of the protection of personal liberty in the anti-terrorism war,and adhere to the principle of equality and non-discrimination for foreigners.In the relationship between anti-terrorism search,anti-terrorism seizure,anti-terrorism freezing and property rights,we must adhere to the procedural mechanism,limit the discretion in search and seizure,and improve the asset freezing system of the UN Security Council.In the relationship between anti-terrorism monitoring and privacy right,it is necessary to clarify the relationship between anti-terrorism monitoring and privacy protection,determine the principle of privacy protection in anti-terrorism monitoring,clarify the privacy protection bountaries of anti-terrorism monitoring,and formulate or improve foreign monitoring legislation.The paper also studies the criminal coercive measures against terrorism in China,analyzes the specific application and differences of detention,search seizure freezing and monitoring in anti-terrorism,and puts forward suggestions such as constructing the system of pending detention against terrorism,defining search seizure freezing as coercive measures,improving the defense function of privacy in the constitution,and refining anti-terrorism legislation.At the end of the paper,the conclusion and enlightenment are given.After September 11,the change of criminal coercive measures against terrorism from power restriction to authorization is the result of value game between security and freedom.Criminal coercive measures against terrorism reduce the standard of evidence,expand the scope of application,shake the basic principles and simplify the legal procedures.These changes are in line with the anti-terrorism needs of western countries.The establishment of human rights law and the rooting of human rights concept ensure that the authorization of criminal coercive measures against terrorism is prevented from getting out of control.Anti-terrorism is a social system project.Anti-terrorism law enforcement must comply with human rights law.Criminal coercive measures against terrorism must adhere to human rights principles such as the legality principle,the non derogable principle,the proportionality principle and the equality and non-discrimination principle.In the specific implementation,we should also pay attention to the universality and particularity of human rights,advocate a civilized and compatible human rights concept,and be based on the domestic anti-terrorism situation and the level of the rule of law.