The Research On Elements Of Terrorism Crimes

At present, terrorism crimes emerge endlessly in the world. After 9 ? 11 events of the United States in 2001, Many countries are facing serious threat of terrorism crimes, and so is China. Since the 1900s,"East Turkistan" terrorist forces continue making violent and terrorist activities, which seriously affects the stability of China's western region and the safe of the lives and property of people in Xinjiang. Terrorism is no longer a purely domestic terrorism or crime of international terrorism, which needs the international community work together to prevent and punish. However, the terrorism is so complex that the understanding of terrorism crimes is great discrepancy, because countries have many differences on political, economic, cultural and other aspects, and they base on different positions and interests consideration .The Research on the elements of terrorism crimes, especially from our system of criminal proceeding of Crime Theory, would have great theoretical and practical significance. In order to acknowledge and understand terrorism crimes perfectly, we can theoretically analysis the elements of terrorism crimes just as ordinary criminal offenses. In this paper, based on a theory of criminal law, we deeply analysis the four constituent elements of terrorism crimes from the theory, and put forward proposals to perfect legislation through comparative study and empirical analysis methods. Specific examples as follows:The first part is the definition of terrorism crimes. We comparatively analyze related concepts of the international conventions against terrorism, regional counter-terrorism conventions, domestic anti-terrorism law, to point out the basic features of Terrorism. The terrorism crimes are defined as the meaning that any individual, organization or country, through violence or threats of violence, harms innocent people or creates social terror prohibited by international law and domestic law of the crime resulted from political, religious or other social purposes.The second part is the object elements of terrorism crimes. Based on countries domestic counter-terrorism legislation theory and practice, we analyze the object of terrorism crimes and consider that the forms of terrorism crimes which constituted by a number of specific crimes, often overlap with the ordinary criminal. Therefore, the object which terrorism crimes infract should be a complex object. We also summed up the characteristics of the object which terrorism crimes infract , and summed up the object of the various legislation of anti-terrorism.The third part, The elements of the objective aspect of terrorism crimes First of all, Depending on international conventions against terrorism, regional counter-terrorism conventions and national anti-terrorism law, we summarized the different types of criminal acts of terrorism. Secondly, we analyzed the results of terrorism crimes, including the casualties, property damage and actual damage. We consider that serious social terror, which is the result of the establishment of the necessary elements of terrorism crimes, is the most significant feature of the results of terrorist activity. Finally, we analyze the means and features of happening time and place of terrorism crimes.The fourth part is the subject elements of terrorism crimes. We analyze the reasons of individuals, organizations, units, countries becoming the subject of terrorism crimes. Then we compare the relationship among the general criminal organizations, cult, gangland and terrorist organizations, and analyze the difference between terrorist organizations and national liberation movements as well as the armed forces.The fifth part is the subjective elements of terrorism crimes. We mainly research two issues. Firstly, we comparative analyze the domestic counter-terrorism conventions and national legislation, point out that the subjective aspects of the terrorist crime is deliberate, which is mainly direct intent and can not rule out indirect intention. Secondly, analyze the motives and purpose of crime of terrorism.In conclusion. Through defining the concept of terrorism crimes and analyzing the four elements of terrorist crimes, combined with China's anti-terrorism situation and the legislation, we make a number of legislative proposals.