The Criminal Law’s Predicament And Outlet On Anti-terrorism Crimes

Since the twentith century, the human society have suffered from the terrorism crimes enormously,and the crimes are endangering the global and domestic peace and stability. The international society,nations and regions promoted the corresponding measures concerning this kind of crime, while legislationis the primary choice,trying to restrain the terrorism crimes through criminal law that is the last tool.Presently, the countries and regions of the world,even the international society, depend on the criminal lawtoo much on anti-terrorism crimes. Nevertheless, the situations about the current anti-terrorism crimescriminal law are comeplex. Firstly, the criminal theory can not respond the terrorism crimes because of thelimitation of the scholars’ knowlege. Secondly, whatever the criminal law is, the terrorism criminalsituation is still more seriously. Thirdly, the domestic criminal law can not respond the globalization ofthe terrorism crimes on the legislation and justice. The current criminal law adopt the method of blocking,regarding the terrorism crimes as unchecked floods. But, we should adopt the great Yu’s method ofdredging,applying the criminal sciences integration, fundamentally containing the terrorism crimes throughthe pushing of the social policy. Since the weakness of it, the criminal law should be modest and constrain,responding the terrorism crimes with the common criminal law. Otherwise, the social conflict will beintensified, and being harmful to the social security and stability.Except the foreword and conclusion, the thesis consists of three parts.The first part is the definition of the terrorism crimes. the concept of terrorism and terrorism crimes, asthe logical starting point of the research, should be redefined. With the gradually rise and globalization ofthe terrorism crimes, the redefinition is of theoretical and practical significance. The definitions of terrorismand terrorism crimes are different because of the difference fo the political points and values. The definitionof terrorism crimes is based on the common interests, looking forward to tackling in a comprehensive andinternational way through the unified definition.The second part is the collection of the anti-terrorism crimes legislation. The features of the currentanti-terrorism crimes legislation are analyzed through the legislation collection of international, regionalorganization and typical nations，such as America, Germany and China. There are three features. Firstly, the definitions of the terrorism crime ignore the essential factor of terrorism purpose. Secondly, thelegislations reflect the criminal policy of punishing severely，including the tiny and early behavior..Thirdly, the government strengthened the constraint of personal rights.The third part is the criminal law’s predicament and outlet on anti-terrorism crimes. The essentialreasons of the terrorism crimes are the disparity between the poor and the rich, the internal crisis ofcapitalism and the international political and economic policy. Depending on the severe punishment willcover up and intensify the social conflict. The way out of the predicament is modesty and constraint of thecriminal law. We should promote the good social policy, but not use the criminal law that is the last line ofdefence.