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Legislative Interpretation For The Crime Of Preparation For The Implementation Of Terrorist Activities

Posted on:2017-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:L W HuangFull Text:PDF
GTID:2296330482497549Subject:legal
Abstract/Summary:PDF Full Text Request
Terrorism crimes and terrorist organizations crimes have brought great threats to human beings ever since the twentieth century. Terrorist crime’s spreading among every country engenders a serious menace of peace and security to the international community which throw the people of all countries into a panic especially after the "9·11" terrorist attack which happened in the United States. China is not a lucky escape on this.Especially when the terrorist attacks have become increasingly intense in recent years.China added five provisions to Amendment IX to the Criminal Law which is newly revised and issued as supplementary provisions for the article 120th of the crime law which are the crime of preparation for the implementation of terrorism activities, promoting terrorism, promoting extremism, inciting the implementation of the terrorism, undermine implementation of the law by extremism, force to wear the cloths or signs promoting terrorism or promoting extremism, unlawful keeping staffs promoting terrorism or extremism respectively. Also, the second paragraph of the article 120th of the crime law bring the crime of preparation for the implementation of terrorist activities into the crime law. Once the provision the crime of preparation for the implementation of terrorist activities is issued, the comprehension for the crime might be involved especially when the constitutive elements of this crime are involved. Beginning with the component of the crime of preparation for the implementation of terrorist activities, the article aims at getting further comprehension about the crime by detailed analysis on the component such as objective aspect, subjective aspect, object and subject.The regulation of criminal law on terrorist crimes which China directs towards embodies the traits forwarding the striking position and preliminary action implementing. Also, the traits can be seen from the revise on terrorist crimes in Amendment IX to the Criminal Law.It seems to be prominent on setting the crime of preparation for the implementation of terrorism activities a single crime and whether there is preliminary and how to handle it. By quoting interrelated theories, the article will make a detailed description about preliminary actions of the crime of preparation for the implementation of terrorism activities. Combined with related provisions on criminating and mete punishment in criminal law, the article will also make a rough analyze on this topic and the standard of accomplished offence. In addition to this, for better understanding about this kind of crime, the article will make a contrast and analyze between this kind of crime and other similar crimes or even confused crimes. Concretely, the article will elaborate the difference between the crime mentioned and the crime of organizing, leading, participating terroristic organizations, the crime of illegally taking guns, ammunitions, regulatory tools endangering public safety. Hoping for a promoting on legible cognition, the author wants it to be beneficial for future practice of the terrorism crimes through the description on these issues.
Keywords/Search Tags:Terrorism Crimes, Constitutive Requirements, Legislative Interpretation, the Difference between Crimes
PDF Full Text Request
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