Criminal Law’s Regulation Of The Terrorist Crimes

"Terror",the stems of "Terrorism", appeared in France firstly, terror was a means of governing by Jacobins during the revolution in France. The Non-State terrorism had gradually developed since the late 19 th century to early 20 th century. The Non-State terrorism committed the terrorist crime through assassinating, hijacking the aircraft and so on. In 2001, The "9.11" incident of the United States was the most serious terrorist attacks ever in history.China also suffers from today’s increasingly rampant terrorist crime. The threat of terrorism which our country confront mainly from the international terrorist forces, ethnic separatist forces and religious extremist. The "three evil forces" implement murder, arson, explosion and other terrorist activities which seriously violates the life and property of the public, undermines China’s social harmony and stability. Facing frequent terrorism attacks, China’s legislators speed up the legislation to punish terrorist crime. Since China’s legislators has promulgated the Criminal Law in 1997,China has passed the amendment III of the Criminal Law, the amendment VIII of the Criminal Law, the amendment IX of the Criminal Law(Draft) and Anti-Terrorism Act(Draft), which perfect our country’s legal system and provide legal basis for combating terrorist crimes are under reviewed. Although the curb of increasingly rampant momentum crimes of terrorism has achieved certain results in our country. But the criminal legislation and criminal justice system of our country is still facing many problems. Improving legislation of Criminal Law and making up for the shortcomings in the criminal justice will be extremely important practical significance in the regulation of terrorist crimes.Prevention and suppression of terrorist crimes in China is based on the clear understanding of the connotation of terrorist crimes. Author have the description and analysis of international organizations, regional organizations and major countries the current situation on defining the connotation of terrorist crime, then redefined the connotation of terrorist crime from four aspects such as the purpose, object, method, subject. Author believe terrorist crimes is that with specific goals, but not specific object, using the means which is not limited to acts of violence or threat of violence,causing personnel casualties and property losses, creating an atmosphere of fear in the society, causing great social alarm, so that forcing the state bodies, international organizations implementing or not implementing in pursuit of their religious, political or other social purpose.By combing the evolution process of anti-terrorism criminal legislation, analyzing and reflecting the current Criminal Law the crime of terrorism, Author point out that China’s legislation of Criminal Law in the regulation of terrorist crime is not systematic and systemic, lack of definition of the basic concepts, the charge is not comprehensive, some aspects of criminal penalty is inadequate and other existed questions.With the development of our criminal justice system, our criminal justice system has shown some problems, such as the inconsistent crime identified, penalty is too heavy, the cooperation of international criminal justice is too narrow in the practice of criminal justice of the regulation of criminal terrorist crime.Through improving the criminal legislation and criminal justice to offset the lack of criminal regulations of terrorist crimes. By improving the legal system against terrorism, a clear definition of terrorist crime connotation, constructing the scientific system of criminal sanctions in the area of legislation to improve anti-terrorism criminal legislation; Through the integration and coordination of criminal justice, implement the policy of combining punishment with leniency in criminal justice, strengthen the breadth and depth of international criminal judicial cooperation about anti –terrorism to make up for the lack of anti-terrorism criminal justice practice. We should fully grasp and understand terrorist offences functions of Criminal Law, clear the protection status of the Criminal Law, we should focus on safeguarding human rights in the process of preventing and combating terrorist crimes. Author advocate for having a diversity of ideas to regulate and combat the terrorist crime. Using different means such as political, economic and criminal penalties to achieve the goal of wipe out the terrorist crime.