Research On Mechanism Of Protecting Proper Litigation Rights Of Suspects Of Terrorism Crime

Terrorism crime has always threatened the security of all the countries in the world.Since21stCentury, with the development of attacking range, obscured veil on the subjectand attacking means with high technology, it has threatened the peaceful development ofall the countries in the world and the happy and stable life of social citizens. In order toprevent the terrorism crime, all the countries in the world have made certaincounter-terrorism measures. These counter-terrorism measures are shown in two ways: oneis to enlarge the judicial power, the other one is to limit the litigation rights of suspects ofterrorism crime. It is Professor Jakobs’“Criminal Law of Enemy” that offers the theoryfoundation of counter-terrorism measures.This thesis will focus on analyzing the current situation and difficult position of thelitigation rights of suspects of terrorism crime, the restriction and deprivation of thelitigation rights of suspects of terrorism crime, current situation and potential problems ofour country’s legislation of counter-terrorism measures and the reasonable construction ofcounter-terrorism measures of China. There are four parts in this thesis:The first part will analyze the current situation and difficult position of litigationrights of suspects of terrorism crime. At first, it will analyze the current situation andharmfulness of terrorism crime. Then, it will analyze the violation of human rights and thegreat harm to social citizens caused by terrorism crime. Finally, it will give a concreteanalysis of the severe violation of human rights of suspects of terrorism crime brought bythe counter-terrorism measures which are made by America and Britain. As to the justice,the litigation rights of suspects should be protected equally. However, considering thesevere damage of terrorism crime, all the countries have made counter-terrorism measureswhich restrict and even deprive the litigation rights of suspects of terrorism crime whichmakes the protection of litigation rights of suspects of terrorism crime in a difficultposition.The second part will analyze and criticize the theory foundation of the restriction and deprivation of the litigation rights of suspects of terrorism crime. Professor Jakobs’“Criminal Law of Enemy” provides the theory foundation of restriction and deprivation ofthe litigation rights of suspects of terrorism crime. The content of “Criminal Law ofEnemy” will be analyzed first. Secondly, it will be shown that the “Criminal Law ofEnemy” and the counter-terrorism measures agree well with each other, and this is thereason that it becomes the theory foundation of counter-terrorism measures. Finally, I willcriticize that the “Criminal Law of Enemy” will result in the abuse of state power, willresult in the violation of doctrine of the presumption of innocence and will bring a greatthreat to the protection of human rights. So, the counter-terrorism measures based on the“Criminal Law of Enemy” have the idea of administering a country illegally.The current situation and problem of the legislation of counter-terrorism measures ofChina will be analyzed in the third part. Firstly, I will analyze relevant clause in the new“law of criminal procedure”, which is enacted at the year of2013by our country againstthe background of counter-terrorism. Then, I will analyze the possible side effect broughtby restricting and depriving the litigation rights of suspects of terrorism crime.The fourth part of the thesis will show the author’s opinion on the reasonableconstruction of the legislation of counter-terrorism measures of China. Firstly, the idea of“Criminal Law of Enemy” should be given up, and cannot base our counter-terrorismmeasures on it. Secondly, the thesis will focus on analyzing the check and balance betweenhow to strike the terrorism crime and how to protect human rights according to theprinciple of fully protecting human rights, the principle of rationality and necessity and theprinciple of protecting the non-derogable litigation rights. Finally, the thesis will show therights remedy of litigation rights derogation. We should also consider constructingnecessary system of rights remedy of litigation rights derogation on the basis of insistingon protecting the non-derogable litigation rights of suspects of terrorism crime. Merely viadoing these mentioned above, can we prevent the abuse of state power and protect thelitigation rights of suspects of terrorism crime effectively.