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On The Strategy Of Anti - Terrorism Financing

Posted on:2013-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:H HeFull Text:PDF
GTID:2176330434473234Subject:Law
Abstract/Summary:PDF Full Text Request
As an outcome of the development of modern society to a certain stage, terrorist activity is becoming a huge threat to the existence and development of human beings. Fund is the lifeline of terrorism and based on what is known now, no individual or single country can afford terrorist activities on a large scale, so all these activities have to be supported by enormous fund. Without the support of big amounts of money, there will be no chance to carry out terrorist activities. It has become imperative for China’s perfection of its anti-terrorism legislation to effectively cut off the financial resources of terrorism, thus imposing restriction on the existence and development of terrorism from the economy aspect. Since "9.11" events happened, the western countries, headed by America has established an international anti-terrorism group with the hope of all the countries working together to give the financing for terrorism a hard hit from a wider range. Detection of financing activities for terrorism in China right now still of tradition and its targets are indistinct. There is still a certain gap on the introduction of the blows such as let financial institutions like banks help judicial organizations conduct detection indirectly between China and the western countries. So far there is still no application in the judicial practice. All these information shows that there is high strategic value and strategic meaning to pay a high attention to anti-terrorism-financing. It has become the first task for China to constitute its anti-terrorism-financing strategy to limit and hit the terrorism activities.This article first puts a primary conclusion on the general types and latest tendency of the current terrorism activities and further lists and analyses the main approaches of limiting and hitting terrorism activities and their respective effectiveness. By these analyses, this article shows that for the particularity of terrorism activities, i.e. between criminal activities and wars, the traditional punishment ideas and criminal policies which take "deterrence" and "retribution" as their main theory has no marked effectiveness on hitting crimes resulting from terrorism activities. Therefore, it will be significantly meaningful to study and establish an anti-terrorism-financing strategy whose main purpose is to destroy the economic foundation of terrorism activities, i.e. a new criminal policy that put the financing activities for terrorism activities into crime to hit and limit the terrorism activities. By constituting this anti-terrorism-financing strategy, we can detect and safeguard terrorism activities in a timely manner, control on the illegal funds to protect the safety of economic activities and finally destroy the economic foundation of terrorism activities.By studying and comparing the experience of anti-terrorism-financing of international society and western countries, it is not difficult to find out that as an effective approach to reversely constrain the predicate offence activities by taking certain economic activities into crime, anti-terrorism-financing strategy shall gain high attention just as anti-money laundry strategy. The International Convention on Severing Financial Aid to Terrorism adopted by the United Nations and the Nine Special Suggestions on Hitting Terrorism Financing raised by the Financial Action Task Force has made an explicit arrangement on anti-terrorism-financing strategy on a world scale and Countries such as USA, Britain and Canada has already actively responded and implemented it in its domestic legislation, therefore effectively enhance and improve their ability to hit terrorism activities.Currently, China’s anti-terrorism-financing strategy is still under layout phase. The fact that no application exists in practice is not incompatible with the current actual situation of terrorism activities. Therefore, we should take measures on various aspects such as perfection of the criminal legislation, establishment of turn system of "freezing" and "expropriation", exploration of incentive system and improvement of law enforcement department and etc and constitute a sound system of anti-terrorism-financing strategy as soon as possible.
Keywords/Search Tags:terrorism, terrorism financing, anti-terrorism financing, criminal policy, strategy
PDF Full Text Request
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