A Study On The Legislation Of Anti - Terrorism In China

The word “terrorism” has been spread around the world since “9.11”event.“Terrorist crime” has become the focus of the world. Being a non-traditionalaggression and different from traditional wars and aggressions, and resulting in greatthreat to man’s life,“Terrorist activities” is and will be an important topic. Peoplewould be frightened when hearing the social damage caused by it. It is even called “apolitical plague” and “an endless underground world war”.At present, there is no case in which crime of terrorism is announced in thejudicial practice in China, however, basing on the international society’s attention toand the high frequency of “terrorism”, and the third group of the list of terroristsannounced by China’s ministry of public security in April5,2012, we have to face upto the problem of “Terrorist activities” and achieve the goal of anti-terrorism throughlegal approach.However, from the current situation of China’s existing anti-terrorismlegislation and anti-terrorism research, the shortcomings such as hysteresis quality inlegislation, the technology lag status，the diversity of the cutting point of studyinganti-terrorism, the limitation of the research and thinking, divorcing from the realityand lacking operation in China, make the legislation and the theoretical research onterrorism in China is in the state of backwardness.The reality threat of “terrorism”forces us to set up criminal legislation on anti-terrorism. The complexity and diversityof “terrorism” in form force us to focus on the prospective of legislation onanti-terrorism. The applicability and operability of criminal legislation onanti-terrorism force us to study the theory and the practice on anti-terrorism, improvecriminal legislation on anti-terrorism through research and further realize the functionof general and special prevention of criminal legislation. The current thesis is basedon it.This thesis includes three parts.The first part concerned about the definedterminologies related to crime of terrorism. In this part, the author first of all definedthe terminologies like terrorist, terroristic organization, terrorism and terroristactivities, which are collocated with terror, then selected terrorist activities as the basic concept and testify the reason why it was selected as the basic concept fromthree aspects: the legal punishment, keeping the stability of present legislation, andessential attributes of terrorism.The second part is the survey and analysis of presentAnti-terrorist criminal legislation, which can be classified into two sections as thesurvey of legislation and the analysis of legislation. In the first section, the authorsummed up the characteristics of legislation by introducing international, regional, themain countries’ worldwide and our country’s present situation of Anti-terroristcriminal legislation. In the second section, the author summed up the problems ofAnti-terrorist criminal legislation of our country by analyzing the international,regional and the worldwide main countries’ Anti-terrorist criminal legislation. Thethird part is the perfection of Anti-terrorist criminal legislation in our country. In thispart, the author think that integrated legislative pattern should be taken in ourAnti-terrorist criminal legislation; meanwhile, in the contents, the concept of terroristactivities should first of all be defined; the basic rule of Anti-terrorist should be set up;and the accusation of Anti-terrorist should be added and the Anti-terrorist legislativeprocedure should be reinforced.