An Analysis Of The Basic Problems Of Terrorism Crime In China

At present, our country is the biggest threat to the anti-terrorism struggle with terrorism, religious extremism and national separatism of the "three forces", such as the "east turkistan" terrorist organization planning and implementation of terrorism crime is the important factors influencing the stability of xinjiang.The first part of this article from kunming "3·01" began to investigate case, the resulting current punishment of terrorism crime of our country’s thinking,analysis of terrorism crime data, the basic situation.The second part, the paper expounds the perspective outside of terrorism crime and the perspective of domestic law to battle over the definition of terrorism crime,the crime of terrorism are compared with those of distinguish of the terrorism crime,analyze its characteristics, causes, and the domestic current situation of the legal system of the punishment of terrorism crime, cause analysis, find out the problem.The third part, from the criminal law have a clear definition of "terrorist crime" necessary to explore, from the subjective and objective aspects of the components of the terrorism crime theory analysis, in order to solve the plight of cognizance of terrorism crime in the judicial practice. The difficulty of this article is how to determined the terrorism crime in the judicial practice. Adhere to the traditional criminal law the crime constitution of four elements to analyze the cognizance of terrorism crime, easily confused with other criminal offenses. The author thinks that should be from the subjective aspect and objective aspect to terrorism crime.Finally, this part is the focus of the article, the integrity of the anti-terrorism criminal sanctions system in our country is put forward considering, including better advantage of the criminal policy of tempering justice with mercy, perfecting of terrorism crimes in criminal law system, criminal procedure law on the improvement of the, the complement of the counter-terrorism crime correlation method, strengthen international cooperation against terrorism, in order to solve the problems and difficulties in counter-terrorism work.