On The Legislative Value Of "Terroristic Threats" Into The Criminal Law

The act of terroristic threat is quite different from act of duress and intimidation.Thepurpose of terroristic threat is to make the object feel mental panic and unsafe deliberately."Criminal Law Amendment (eight)"incorporated the act of terristic threat into the"acts ofintimidation of defiance and affray crime".But the protection for the spiritual rights ofcitizenship had not received full attention.This articledefined the terroristic threat and took it as the breakthrough point,through theanalysis of the concept of the act of terroristic threat,the identification of different types of theact of terroristic threat,as well as the current criminal law of our country and Public SecurityManagement Penalty method on different sets of acts of terroristic threat.Thus,analized thevalue of"terroristic threat"in the criminal law system,combined with the practical foreignlegislation to the act of terroristic threat.Set the concept of the guilty and charge of"terroristicthreat".The full text discussed the necessity and legitimacy of criminal law should beincorporated into the"terroristic threat"of this independent charge value from four parts,thefull text explored the necessity and legitimacy value of the criminal acts of terroristec threatfrom the following aspects.The first part defined threatening behaviour as the breakthrough point, based on theexplantion of acts of terroristic threat, distinguished the acts of terroristic threat as pure actsof terroristic threat and forced others of terroristic threat; clarified the difference between thethreaten behavior and approximate behavior, cleared the conceptual boundaries,and analizedthe features and types of acts of terroristic threat both at home and abroad.The second part clarified the improper place of putting the act of terroristic threat intothe defiance and affray crime from the criminal configuration and the angle of defiance andaffray crime,Meanwhile,pointed out the paradox of the"acts of terroristic threat"in the "PublicSecurity Management Office Punishment law"and in "criminal law",and analized the realizedmeaning of putting" terroristic threat" into criminal law from the value and function of thecriminal law.The third part started with the status of foreign legislation of terroristic threats,selectingthe representative countries from the continental law system and Anglo-American law systemrespectively.Then analized and disscussed the legislation of terroristic threat in Taiwan regionand Macao region.The fourth part put forward the concept of"terroristic threat"into sentencing construction,including setting the accusation of"terroristic threat",constitutive elements of crime as well assome matters that needed attention in"terroristic threat".