The Criminal Procedure Control Within The Counter-Terrorism Measures

After the 9.11 terrorist acts, the terrible crimes of the world-wide locations took place continuously. The international society and terrible influence launched the vehemence of contest. How to make use of the law means to punish the terrorist and to guarantee the national security have already become an important topic.Accompany with a set of urgent resolution released by the United Nations, it request the international society must unite to give common stroke to terror crimes, and to look after both sides of safety and freedom.At the same time each country government also adopt a series of strategy immediately, such as adjusting the policy of native country, particularly taking the crime law as tool, not only heavy at punish, but also heavy at prevent from the terrorist raid, hence a series of modification activity of the Criminal Law have been launched in succession, and all kinds of counter-terrorism measures have been carried out.Owing to the desire of the safety, it is necessary and rational to carry out the scathing measures to reply the terrorist crimes. But all the counter-terrorism measures of each country are usually over-emphasize on the prevention and stroke to terrorist crimes, despised to even give up to the protection of human rights, disobeyed requests from the international crime judicial standard to the criminal procedure activity. All of these have produced negative influence to the crime procedure and even to the whole society under the rule of law.However, through five years contest, terrible crimes not only have made no concession in front of the scathing counter-terrorism measures, but also play more strong power. This lets the people start to understand truth apparently: counter-terrorism is a kind of state of emergency , under this kind of state of emergency, owing to the protection of the national security, personal right, the citizen allow the right be subjected to reasonable of restrict. But if counter-terrorism measure is not appropriate, not only can't suppress the policy of terror, but also will cause the more serious terror to commit crime very probably; At the same time, human rights, rule of laws was all spoken of with the safe and also important position.At this time the people start to appeal, counter-terrorism measures must be good to arrive valid, appropriate of control. And some problems that come out in the implement process of the counter-terrorism law measures also caused numerous controversies. How to handle the relation among counter-terrorism, international safety, human rights, rule of law, have become an important issue that all countries must considered and strive to solve definitely during their counter-terrorism lawmakingBased on the studies of the main nation anti-terrorism lawmaking and the specific counter-terrorism measure, the author compared with various international principles generally accepted, such as the United Nations human rights method, the principle of international criminal judicial law etc, analyzing the existent outstanding problems of anti-terrorism in the aspect of crime procedure, putting forward the theories of counter-terrorism measures should limit in the big frame of crime procedure and using the litigation procedure to make valid control on counter-terrorism measures.In this article, the author put forward the bottom line that apply to all countries to take the counter-terrorism measure, drawing lessons for our country how to make the counter-terrorism measures in line with the modifying Criminal Law, making the counter-terrorism measures keep in an acceptable scope and limits, finding out a balance point between counter-terrorism with human rights, maintaining the achievement of rule of law, thus pushing valid development of international counter-terrorism.