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Research On The Definition Of Crime Of Terrorism

Posted on:2007-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:C H ZhangFull Text:PDF
GTID:2166360212973067Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of terrorism is a quite complicate problem. The articles only select several questions to discuss.Except the preface and conclution ,it includes three parts. The first part presents the concepts of crime of terrorist. At first, this part introduces many opinions of international organizations, regional organizations, civil laws and scholars, then makes a plain comment on this question. The author thinks that the circle that international organization and district border organize have a lot of questions to establish a capital, it is a range of the terrorism crime at first, besides definition of Shanghai Co-operation Organization, other definitions have all ignored the domestic terrorism crime; Secondly, not announcing the essence of the terrorism crime , the exposition to the question only stays on the phenomenon aspect; Moreover, obscure and stand up terrorism crime and other concept , expand or narrow the range of crime; Finally, have not announced the crime target of the terrorism crime . The scholar's view has difference too,it is shown in the following several aspects mainly: Difference on the crime means; Difference on the crime target ; Difference on the crime motive; Difference on the subject of crime, and then give my opinions of crime of terrorism, in order to clear up misunderstanding. The author thinks that the crime of terrorism is a deed, which is based on terrorism .The crime endangers any person'life and health and owner who is not in battle in any way.The subject of the crime is complete,including country. The second part discusses the characters of crime of terrorism, including character of not sole violence, uncertainty of violence of crime and maximum of symbolic value character of not sole politics of violent motive and completion of subject of crime. The third part discusses the difference between crime of terrorit and crime of terrorist activities, crime and national liberation. The article is pointed out: Terrorist activity crime and terrorism crime are not the same concepts , the former's range should be greater than the latter. The crime in terrorism crime and general meaning has a difference between following three respects : First, the crime motive differs, namely the terrorism crime is non- egoistic, and the crime in the general meaning is egoistic; Second, the behavior differs, namely the terrorism crime has constant characteristics , and its time span can be one month or one year is and even longer, the crime in the general meaning does not possess this characteristic , even making the occasion with the continuing offense continuously , its time span is all very short; Third, the social harmfulness differs, compare with crime in the general meaning, social harmfulness of the terrorism crime will be serious and much. While mentioning National Liberation Movement, the author thinks even in order to strive for national autonomy or national independence, actor can adopt crime means either, it is rational legitimacy of motive that can prove legitimacy of means too, if actor adopt crime means come and realize own goal, should investigate the actor's criminal responsibility. More than about 34,000 words of full text.
Keywords/Search Tags:terror, terrorism, terrorist activity crime, crime of terrorism, national liberation
PDF Full Text Request
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