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Study On The Problem And Resolution Of The Legislation Of The Terrorism Crime In China

Posted on:2016-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiFull Text:PDF
GTID:2296330482476559Subject:Law
Abstract/Summary:PDF Full Text Request
The ideological awareness of terrorist activity was kidnapped by terrorism, they have lost the bottom line, become the common enemy of mankind. In order to study terrorist activities, first of all, the development process and characteristics of the international terrorist activities should be studied, and then what is terrorism, what is a terrorist activity, what is a terrorist organization, what is a terrorist activity should be discussed. Clarifying idea of the terrorist activities must be consistent with violence.Terrorist activities in China is not only under the influence of the international environment, but also under the influence of the small environment in China. Theoretical research about anti-terrorism started relatively late. Before criminal law came into effect in 1997, theoretical research about anti-terrorism basically in a state of blank. For now, we have not set up complete anti-terrorism law system, the existing relevant laws and regulations are not meet the practical requirement of the fight against terrorism.Different countries and different nations in the world have different ideas about the punishment of terrorist crimes, even at the different times of a country. In the study of the legal system of anti-terrorism should not only study the legal problems, but also should study the attitude of citizens about terrorism crime. The criminal judicial policy of both loose and tight that China always adhere to has also apply to fight against terrorism. In the aspect of the legislation about punishing terrorism crime, legislation of the crime of terrorism, especially in the aspect of the jurisdiction of legal case and the criminal compulsory measures.The 13th conference of the twelfth session of the National People’s Congress has considered the anti-terrorism law draft for the second time. However, the theoretical controversy on the definition of terrorism is still large. This paper argues that we should completely avoid this problem and directly use the concept of terrorist activities and define the scope of jurisdiction of anti-terrorism law from the nature of the behavior when it refers to legislation. At the same time, it is necessary to set up a special rule about the compulsory measures for the person of the terrorist activities, in order to meet the need of the justice practice.
Keywords/Search Tags:terrorism, anti-terrorism legislation, the outlet of the legislation, criminal policy
PDF Full Text Request
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