A Study On The Crime To Organize, Lead And Participate In A Terrorist Organization

As a major calamity in today’s world, terrorist organizations has threatened the development of human society and stability seriously.Although many countries and regions has spared no effort to combat and hunting, they continues to spread, even parasitic within social organism and hard to cure radically.The 21 st century, the terrorist organization are growing more rapidly under the background of rapidly development of science and technology, its growth is not only reflected on the number of people,the size and quantity of organization, but also in the substance foundation of economy and the influence of the activity range.Making the behavior of terrorism organization criminalized is the world’s common law requirements, only in this way, can we have a better control to the development of a terrorist organization.In our criminal law for the first time making the terrorism organization behavior into sin is in modification of criminal law in 1997, the regulation of charges for organizing, leading, and join terrorist gangs, after constantly changes in the amendment of criminal law in our country, the legal punishment to improve it from the side reflects the social harmfulness of the organizations and the attitude of the punishment of this crime in our country and determination of the firm。But the crime of organizing, leading, and three activities starting from the meaning itself is no illegality, so analyzing the harm of this crime should start from the terrorist organization itself, grasping the nature of the terrorist group, this crime can reflect social harm degree of large, wide, also only accurately grasp the nature of the terrorist group characteristics to accurately define in the judicial practice, thus regulation on this crime.About this crime in the judicial practice, the difficulty lies not in the organization, leadership, or to participate in the cognizance of three activities, but the definition of terrorist organization itself.At present worldwide political legal circles and academia to terrorist organizations do not have a unified definition, so that terrorist organization itself is very complex, needs further discussion.There are many scholars carried on the thorough research on the issue, therefore this article mainly from the cognizance of the essential characteristics of terrorist organizations and terrorist organizations in terrorist research organization, leadership, starting out in the present situation and the development of our country.Paper main part is divided into three parts:The first part, explained the terrorist organizations and related words, analyzes the harmfulness of terrorist organizations, and introduces domestic and international legislation about terrorism organization behavior.The paper first introduces the concept of the terrorism, ACTS of terrorism and terrorist activities, and then the definition of terrorist organization.In comparison with the concept of a terrorist organization from other countries and regions in the concept of terrorist organizations and the anti-terrorism act of our country.By analyzing the essential feature of a terrorist organization of terrorist organization of social harmfulness, and finally discusses about terrorism organization behavior crime legislation abroad and our country’s organization, leadership, the terrorist.The second part, the main analysis of organizing, leading, join terrorist crime constitution.This crime is a generic accusation, the regulation of the content mainly includes building up the organization or terrorist organization behavior, leading or managing terrorist organization behavior as well as for terrorist acts.Different counties may have different names for this crime,but after analysis of its nature,the actual behavior are still the same.The object of this crime, the generally speaking in our country is public safety;Main objective aspect of this crime is behavior person to organize or to establish a terrorist organization, lead or manage terrorist organizations, terrorist organizations to implement or intention to implement terrorist activities, endangering public safety behavior;The main body of this crime is general subject,which means namely to reach the criminal responsibility age, with the criminal responsibility.Competent aspect of this crime can only be direct intent and indirect intent.The third part, the thesis mainly start from under the crime and out of the crime,the this crime and other crime, analyzes the identity of organizing, leading, attending the cognizance of the terrorist.In under crime and out of crime,by summarizing the mainstream identification model and institutional research in the world on the terrorist organization, combined with the United Nations security council to terrorist groups, and with our country in the anti-terrorism act of terrorist organization recognized, analysis the advantages and disadvantages of our country’s rules.In this crime and other crime, this article mainly analyzes the differences of organizing, leading, attending the terrorist and helping the terrorist and trying to affirm the terrorism crime, wish to provide guidance for the judicial practice work.