The Study Of International Criminal Responsibility On Crime Of International Terrorism

"Terrorism" in the French Revolution, the period of Jacobin rule has emerged, the earliest being used to deal with counter-revolutionaries. But it was gradually degenerate into breaches of international peace and security. In the United States "9 ? 11" incident, the crime of terrorism is to obtain the attentions from all over the world. It is in that incident caused huge casualties and damage to human survival and development has posed a serious threat. In order to strangle the arrogance of the crime of terrorism, the international community to develop a series of regional and international treaties to safeguard the international security order. My Government is also on June 15, 2001 in Shanghai, the five countries and Russia signed the "Combating Terrorism, Separatism and Extremism, the Shanghai Convention."As the crime of terrorism is international, transnational, organized, activities and other characteristics of diversity and severity of harm, to prevent and combat terrorism and crime, the international community's response measures are often lagged behind the world of criminal law measures and non-legal measures are far from the degree of adaptation. In view of the causes of international terrorism, complex, special and difficult to eradicate in a short time, how effective punishment of crimes of international terrorism and its commitment to bear international criminal responsibility, has become the international community to urgently study. This paper attempts from the international criminal law point of view, to define crime of international terrorism, and from both substantive and procedural aspects of the full proof of the crime, which should bear international criminal responsibility on how to improve the system of punishing the crime of terrorism to make recommendations.The part I is an overview of the basic theory. Paper mainly discusses the definition of terrorist crimes, characteristics, constitutes a crime, and terrorism-related crime and the relationship between the concepts of four aspects. First of all, by looking at the relevant international conventions, the main domestic law and the provisions of China's academics come to the author on the definition of terrorist crimes and profiling; Secondly, from the main body, subjective, object, objective analysis of its four areas constitute a crime; The Third one, the author of several crime-related with the concept of terrorism were compared in order to strengthen the concept of Analysis; Finally, Content analysis of international criminal responsibility, and based on international criminal responsibility of both "international" and "criminal," the dual attributes of its features have been summarized.The Part II, dealing with substantive issues of international criminal responsibility, mainly including the international criminal responsibility and commitment to bear the main way two parts. In the "commitment to the main" section, the author discusses the accountability of the terrorists; terrorist organizations; the responsibility of the State, as well as the author's some points. In the "commitment approach" section, is made in accordance with the above-mentioned three aspects are described.Part III examines the procedural aspects of international criminal responsibility; the main discussion is international terrorism, crime, criminal jurisdiction and international criminal justice assistance to two issues. In general, the criminal jurisdiction of the International Court of Justice and national courts are mainly two kinds of models. This paper demonstrated the characteristics of each, and set out the future direction of international criminal jurisdiction. International judicial assistance is essential to achieve the international criminal procedures; a number of decisions of international judicial assistance that is not simply can not be recognized and implemented. Therefore, the author described in the text of the current world's leading in several ways.Part IV discusses the world today on the fight against international terrorism, crime, international and domestic legislation the status quo, including international conventions, the main provisions of domestic legislation of States and our laws.Part V of the analysis of the current international difficulties and lack of anti-terrorism situation, based on the proposed punishment and the fight against international terrorism, crime countermeasures. In view of differences in the interests of countries in the world, positions are not uniform, the author proposes the development of uniform conventions, to strengthen international cooperation, the establishment of specialized agencies and to improve domestic legislation to make efforts in four areas, with a view to better combating international terrorism and crime, so that terrorist perpetrators of crime should be able to assume its international criminal responsibility.