Research On Legal Issues Of Conflict Against Terrorism And Human Rights Protection

With the world’s political and economic landscape continues to evolve, due to the complex relationship between regions, culture and democracy from the intensification of international terrorism are also intensified. This is compared with the more worthy of our attention in terrorist activities occurred in China is growing at more frequent, larger, more complex forms the background of the reasons for continuing to endanger the ongoing process of comprehensive deepening the reform cause. According to the Xinjiang Autonomous Region Public Security statistics, since 2009, the current organizational security risk gang case in Xinjiang are destroyed each year in more than a hundred plays, showing a hovering situation, in which case the fear of violence in Xinjiang in 2012, more than 190 cases have been substantial over the previous year increase. Earlier occur either in the Xinjiang region, Urumqi “5·22”, Shache “7·28”, round table “9·21” and so on more than fear of serious violence cases took place in March 2014 in Kunming “3·01” serious violent terrorist incidents, which have been shown that the crime of terrorism in our country currently has a high incidence of the situation. In order to safeguard national security and the safety of persons and property of all citizens would have to take the necessary measures to severely punish the crime of terrorism effectively. However, due to the special nature of the crime of terrorism, international convention will usually take a certain degree of privacy on the violation of civil rights violations as well as pre-measures. Such a "rainy day" approach of the blame, but as the saying goes too far, how can the fight against crime and terrorism, a trade-off between protection of human rights it? The author believes that punishing terrorism in order to maintain order in the collective and individual protection of human rights on behalf of freedom are very important.This paper is divided into four main sections. Part I: From the positive and negative aspects were discussed internal relations and external conflict against terrorism and human rights protection, the fight against terrorism and the logic of protection of human rights and noted that its performance is analyzed theoretically conflict. Focuses on the legal level analyzes the major conflict between the two legal reasons. Through analysis of the practice of international justice and international conventions developed countries, pointing out that the special nature of counter-terrorism measures, to the Security Council resolution as an excuse to over-emphasize the role of a military strike, the state of human rights abuses derogation legal principle is the main reason for conflict between the two; Part II: The author respectively, from the right of ordinary citizens against terrorism for its own violations, violations of the rights of foreign ordinary citizens, victims of violations of citizens’ rights, the rights of terror suspects violated four levels, categories to show anti-terrorism and human rights protection violation specific forms, so that the contents of this paper to explore more specific; Part III: the conflict of national human rights protection of citizens against Terrorist Crimes and possible recommendations for improvement, incorporating lessons learned foreign developed countries: the anti-terrorism legislation and measures to follow the principle of legality, carefully derogation of fundamental rights of citizens, respect and protection of terrorist suspects basic human rights, anti-terrorism restrictions on the use of force during the four academic proposition; Part IV: the author of the current anti-terrorism legislation in China the status of human rights protection, put forward their own specific recommendations for the improvement of human rights protection in the anti-terrorism legislation in China: through the development of "People’s Republic of China Anti- Terrorism Act" to ensure the realization of human rights and improve the anti-terrorism law in the protection of human rights entities, improve procedural law against terrorism the protection of human rights, the protection of human rights while countering terrorism protected by national legislation and judicial compensation system event suggestions to be able to "strengthen the control and supervision of the exercise of power, the power to shut the system in a cage." Good use of legal weapons to balance the interests of national security and human rights of citizens, and then continue to carry out and implement the party’s eighth in the Fourth Plenary Session of the proposed "improve the Constitution as the core of the legal system of socialism with Chinese characteristics" to achieve the grand rule of law blueprint.