Research On Terrorist Crimes Of Special Recidivist

China’s Criminal Law against dangerousness large,deep subjective vicious prisoner, established a strict system of punishment and penalty system, special recidivist system is one of them.The special recidivist in the Article66of the current Criminal Law,increased terrorist crimes and organizational crime of any gangland on the basis of the original crimes of endangering national security.Correction of this system not only responded to our current crime situation changes in legislation,but also fully embodies the special significance of establishing special recidivist system to protect legal interests of a particular.However, from the existing criminal legislation,whether it is an amendment or judicial interpretation of the concept of crimes against terrorist activities are not to be clearly defined,which makes the crime of terrorist crimes in the criminal justice system in the class is just a relatively vague.The legislative defects not only caused theorists different point of the establishment of the terrorist crimes of special recidivist,also contributed to the terrorist crimes in the judicial practice of special recidivist is difficult.In this paper,based on the academic circles all the scholars on the research of the terrorist crimes definition,characteristics,the author makes every effort to clear the concept of terrorist crimes in Criminal Law;And based on the establishment of special recidivism system conditions,suitable environment and type of terrorist crimes,the Criminal Law Amendment (eight) of terrorist crimes of special recidivist in the in-depth discussions for problems in the judicial practice.The articles include a total of three parts:The first part is the study of the concept of terrorist crimes.The author analyzes the existing domestic and foreign scholars on the terrorist crimes of definition,emphatically analyzes the body of the terrorist crimes,subjective,object,behavioral characteristics,points out that the terrorism crime should be implemented by individuals or organizations,with a specific purpose in a subjective,violent or non-violent crimes against non-specific objects.The second part is the study of the relationship between the terrorist crimes and the special recidivist,including the reasons of terrorist crimes included in the scope of special recidivist system,the establishment of special recidivist conditions,the scope of the terrorist crimes in special recidivist system,etc.For these problems,the author advocates the establishment of terrorist crimes special recidivist should have the conditions of the Article66of Criminal Law,covering the three aspects of quality,punishment degree,time conditions,and the terrorist crimes in special recidivism system should be narrow understanding,namely only organization,leading and attending the terroristic organization crime,and funding terrorist activities crime.The third part is the study of the three major issues terrorist crimes special recidivist in the presence of judicial practice,including establishment of terrorist crimes special recidivist whether to ask sin sin before and after quality is consistent,whether minors may establish terrorist crimes special recidivist and In different legal family whether crime can be established between the terrorism crime special recidivist in three aspects.