Construct On Chinese Special Procedure Of Terrorism Crime

Chinese Criminal Procedure Law (2012) increases the "Special Criminal Procedure" based on the original criminal litigation system frame, marks improvement of Chinese criminal procedure system. According to the characteristics of different special cases, four chapters of "Special Criminal Procedure" scheme out a series of criminal procedure, and compared with the ordinary criminal procedure has its particularity. From the perspective of optimization, the details of the special criminal procedure need to be perfect; but from the long-term view, the four special criminal procedures is difficult to deal with the complex criminal environment, more and more high prevention and control work and the crime psychology correction work. Special procedures of several special cases repeatedly mentioned in the criminal procedure law in2012does not appear in the fifth chapter,especially terrorism crime and the program at our current anti-terrorism legislation pattern in law research clearly lags far behind the study on anti terrorist entity law. Exploring the necessity and feasibility of improving special criminal procedure in view of adding the special procedure of terrorism crime and adding the program conform to the anti-terrorism legislation of domestic trend, and also provide program support for our future anti-terrorism legislation. About description for the improvement of China special criminal procedure, in view of adding the special procedure of terrorism crime, this paper is divided into five parts:The first part is an overview on the special criminal procedure, at first on the beginning of the basic theory of special criminal procedure, grasp the connotation of special criminal procedure, distinguish the relationship between the special criminal procedure and the criminal ordinary procedure or summary procedure, put forward the value and function this procedure has; secondly analyze development of the special criminal procedure in the world;finally elaborate the understanding of the special procedures of the terrorism crime.The second part talks about the necessity in setting up special program of the terrorism crime, mainly from these four aspects to describe:the current operation situation of Chinese current special procedures,the particularity of terrorism crime,Chinese practical needs of the practice of anti-terrorism at present and the United Nations and other international organizations efforts.The third part introduces the basic principle in constructing a special program of terrorism crime, which includes the principle of state sovereignty, the principle of the rule of law, the principle of suitability, the principle of equality, principle of protecting the fundamental human rights, in addition to, mention four aspects that may need attention.The fourth part consists of two section:according to the anti-terrorism procedure form all over the world and combining with the actual situation of our counter-terrorism, establish our counter-terrorism procedure form; then discuss the proper content about anti-terrorism special criminal procedure, specifically from the jurisdiction, investigation, the trial of cases, the role of supervision and other aspects.The fifth part summarizes the full content, which discuss the outline of intention and the connotation of the value idea:one is pay attention to special criminal procedure in criminal litigation system and clear special criminal procedure that should assume the social function and value; the other is the focus of planning the blueprint for China special program of the terrorism crime. At the same time, the author thinks that constructing a special program of terrorist crime cases also provide direction and model for creation of other special cases special procedure, and further improve the system of criminal procedure in order to play its function in our country.