| Terrorism crime is public hazard in today’s society, which seriously affects the national security and social stability, harms people’s lives and property safety, and in particular, reaches a climax after the 1990 s with the increasing number of terrorist incidents, and means becoming more diverse, concealing and high-tech. After the Co ld War, the number of terrorist activities declined in a period, but in the first year of the 21 st century the United States broke out the "9?11" event shocking the country and even the globe, which is by far the most serious terrorist incident. At this po int, how to prevent and combat terrorism crime has become the focus of each country again. Legislation of countries through terrorist crimes, not only criminalizing terrorist activities from the point of view of substantive law but also setting up special criminal proceedings for terrorist crimes, applying different procedure from that of the ordinary criminal offense, to intensify the crackdown.Throughout the legislative modes for terrorist crimes around the world, there are mainly three types- "Code of Criminal Procedure Mode", "anti-terrorism code direct mode" and "anti-terrorism code indirect mode". Whatever the mode is, the purpose lies in setting procedure for terrorism crimes different from that of the ordinary criminal offense, giving more power to the relevant authorities to restrict certain rights of terror suspects, applying property rights, personal rights measures to regulate the activities of terrorist crimes, to safeguard national security and stability, and to protect life and property safety of people.Also, suffering from the threat of terrorism crime for a long time, the situation of counter-terrorism in our country is grim. In the late 1980 s and early 1990 s, influenced by ethnic separatism and "Pan-Turkism" extreme ideology, especially in the border region of Xinjiang, Tibet, Yunnan, the frequent terrorist activities caused social panic and posed threat to our stability and unity. In recent years, Lhasa "3?14" violence event, Urumqi "7?5" event, Kunming "3?1" incident, resulted in casualties and economic losses of innocent people, and these terrorist incidents warn us that although there is no such serious and rampant attacks as in the US and Russia, we still suffer from the real harm of these terrorist activities, and we should focus on the use of legal means to prevent and combat terrorist activities and crime.In response to terrorist crimes, our country has actively joined the international conventions on terrorism, while further modified and improved the domestic law. However, the country has not developed a special anti-terrorism law, and the provisions relating to terrorist activities scattered across other laws, regulations, and some normative documents. O ur legal documents related to terrorist acts mainly include: "C riminal Law", "Criminal Procedure Code", "Decision on Strengthening Work on Counter-terrorism Issues", "Financial Institutions Report Suspicious Transactions Suspected of Terrorist Financing Interim Measures", "Combating Terrorism, Separatism and Extremism Shanghai Convention" and so on. As for criminal procedure, the 1979 version and 1996 version of "C riminal Procedure Code" have no special procedures for terrorist crimes proceedings, while the version revised in 2012 prescribes some special provisions for terrorist crimes concerning trial jurisdiction, detention, residential surveillance, witness protection, technology and other aspects of the investigation measures. Although this approach is a big step forward in favor of the fight against terrorist crimes, there are many flaws in these provisions as the terrorist crimes are not categorized in the "Special Program" series, which does not meet the need of the current crime combating terrorist activities.In view of the existing problems of criminal proceedings fighting against terrorist crimes on the basis of learning from other countries’ practices, China should take the needs of its anti-terrorism situation into account, add the C hapter of "terrorist crimes special program" to the “Special Procedure” series, and establish anti-terrorist criminal proceedings that is suitable for the country. Our country’s "special procedures terrorist crimes" section should include the following aspects. First, it should clarify the basic principles applicable to special procedures, namely humanitarian principles, the principle of non-discrimination, the rule of law, the precautionary principle, the principle of the right to derogation and the principle of limited medium dissemination, which is the guiding principle applicable to special procedures. The second is to determine the scope of the special procedures and conditions applicable to the case, and to specify cases of terrorist activities to which the provisions of this chapter shall be applied. The third is to improve the terrorist crimes jurisdictions to combat terrorist crimes with better allocation of resources. The fourth is to strengthen the protection of the judicial staff against terrorism, witnesses and their close relatives, and to protect the personal safety of the persons concerned without worries to investigate the case and to identify the suspects. The fifth is property right measure against terrorist activities, through searching, seizure, freezing, and detaining the assets of terrorists to limit their committing terrorist activities. The Sixth is to clarify special regulations for counter-terrorism detecting measures, utilizing secret investigation, wiretapping, undercover investigation of terrorist activities and other measures to improve the detection rate of criminal cases. |
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