Researching The Legislation Of Terrorism Crime

At present, terrorism crime has been occurring at home and abroad which shows that it has become one of the main threats to the human survival, it not only affects the social order of a country, but also may stimulate the ethnic conflicts and religious conflicts, and even become the fuel of war. Therefore, it is imperative to formulate laws and regulations to prevent, control, and combat terrorism crime. Since the twentieth Century, international communities and governments have set legislations on the anti-terrorism, China is no exception. In order to strictly regulate of the terrorism crime, In 2001, "criminal law amendment(the third edition)" focuses on revising and supplementing the legislation on the terrorism crime; in 2011 the NPC Standing Committee passed the act called "decisions on the strengthening of the relevant problems in the work of anti terrorism”, Recent terrorism crime has been more complicated and serious, it is under the deep influence of international affairs and has soared sharply, and many of them are committed by the cooperation between offline and online terrorists. China’s current legislation can still not completely adapt to the need of anti-terrorism situation, therefore, on Feb.25 th. 2015, The Standing Committee of the National People’s Congress passed the draft called “the Law of Anti-Terrorism”. The main contents of this draft are concerned about security protection, intelligence information, corresponding strategy and international cooperation; and this act improves our legislation for terrorism crime, which marks that China’s anti-terrorism legislation has turned into a new stage.Actively exploring international cooperation, all countries in the world are also continuously improving their domestic law, or introducing specific legislation or the corresponding laws and regulations to put into the legal system domestic anti-terrorism activities and the cooperation with international anti-terrorism activities; By adding clauses on the fight of terrorism crime in the domestic criminal laws, establish the domestic laws and regulations of the anti terrorism In order to combat crime of terrorist activities and maintain regional peace and security, our country joins a series of international conventions and regional counter-terrorism conventions aimed at combating terrorism crimes and actively fulfill our international obligations. China’s current legislation has been basically covered the contents and forms of crime of terrorist activities, providing a legal basis for the punishment and prevention of crime of terrorist activities. However, by the comparison of Chinese criminal legislation and that anti-terrorism legislation in foreign and international, we can see that China’s anti- terrorism legislation still contains some problems. For example, The related concepts are not clearly illustrated; The legislative mode is not conducive to the control of terrorist crimes; Discretionary penalty is not fit for the set of punishment type; International obligations are not fulfilled incompletely; the connection with international convention are still insufficient. According to the situation of our country, on the basis of advanced anti-terrorism legislation in foreign countries, this paper attempts to put forwards some suggestions to the perfection of our country’s legislation on terrorist crime:Firstly, attach importance to the protection of human rights in the war on terrorism. In the process of promoting the protection of human rights and the construction of the socialist country, we should pay attention to the balance between "security" and "freedom";Secondly, combining punishment with Leniency in the implementation of the criminal policy, take advantage of the combination of severe punishment and mild leniency in the fight and prevention of terrorism crime;Thirdly, pay attention to the coordination and connection of anti-terrorism criminal legislation and criminal procedure law, Extradition Law and other relevant laws and regulations, improve the ability of prevention and detection of terrorist crimes;Fourthly, strengthen the cooperation with the international community in the fight against terrorism crimes, and actively carry out the requirements of international conventions, fulfill its international obligations; so as to establish the systematic and effective legal system of anti-terrorism.