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A Study On The Legislation Of Terrorist Crime In Criminal Law Amendment (9)

Posted on:2017-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q J ZouFull Text:PDF
GTID:2206330503463189Subject:Criminal Law
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Since 2013, China’s violent terrorist criminal activities have become increasingly active and the number of criminal cases is increasing.Thus China’s social stability has been threatened seriously. Terrorism crime is a serious crime, which has serious social harmfulness. So far, our country has passed the "criminal law amendment(nine)" and a special "Anti Terrorism Law" to combat terrorist activities. Because of the particularity of the crime of terrorist activities, after violent terrorist cases happened, there are many practical problems in the application of law in the fight against terrorism. China’s criminal legislation on terrorist activities has been in a state of lag, so it can not effectively prevent the crime against terrorist activities. Amendments to the criminal code case(9),which is published in 2015, revised the crime of terrorist activities,but there is still penalty configuration that is not reasonable, specific legislation violates the modest and part of the concept is not clear, the lack of forward-looking. Therefore, in order to safeguard national security and social public order, perfect our anti-terrorism legislation, this article takes the "criminal law amendment(nine)" as the center, draw lessons from foreign counter terrorism legislation experience and puts forward the suggestion of perfecting legislationThe first part of the article outlines the main legislation in "Criminal Law Amendment(ix)" aimed to terrorism activities crime. Including the contents and features of terrorism offenses identified by the "Criminal Law Amendment(ix)". At present terrorist activities and crime are often spread by terrorism, extremism, therefore it is necessary to defeat it by destroy its ideological understanding. This time, it is characterized by penalties, as well as prison term increasing in the revised "Criminal Law Amendment(ix)", at the same time, the adding in of property punishment.In the second part mainly analysis of "criminal law amendment(nine)" in terrorist activities crime legislation, including terrorist criminal activities related to the concept of the definition, but also to the "criminal law amendment(nine)" additional charges of terrorism were analyzed, such as object of crime, objective aspect of crime and so on. Such as the problem of crime against terrorism. There is the trend of legislation in the crime of terrorist activities, such as the protection of the interests of the law front, although it has the important significance to combat crime, terrorist activities, but also expanded the circle of crime, will cause the public interests and personal interests conflict.The third part of the article is mainly about how to improve the legislation of the crime of terrorism. One is for some fuzzy concept is necessary to make clear in the criminal law(such as terrorism, terrorism and extremism); two is a problem to improve the crime of terrorist activities, such as the object of the crime of terrorism and clear objective aspects of how to improve the crime of terrorism is three surface; although China has signed a series of international terrorism the treaty, but the legislation has lagged behind, some international treaty contents not included in China’s criminal law, it is necessary to increase the number of International Convention on charges of criminal law in our country; the four is the "criminal law amendment(nine)" reflects the law front to bring the concept of problem, put forward how to the balance between public interest and personal interest related issues and how to grasp the proper level of criminal legislation, if these problems are not solved in time, in the criminal law The provisions of the criminal charges against terrorism crimes will appear to be suspected of human rights violations.
Keywords/Search Tags:terrorism, criminal legislation, Suggestions for improvement
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