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Study Terrorist Organization Of Chinese Criminal Law

Posted on:2017-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L L SunFull Text:PDF
GTID:2296330485479926Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In order to respond to urgent anti-terrorism situation,the countries in the level of crime legislation against terrorism made a positive response, The implementation of organizational behavior identified as behavior, then it is recognized as a crime legislation. It’s the nature of a given population before making the implementation of criminal acts, determine the existence of his danger.This legislative model, although very beneficial to prevent and combat terrorist activities and crime, to recognize that there are violations of the legitimate interests of the population risk.Therefore, the terrorist activities of criminal organizations determined to take a cautious attitude modesty. From the existing legislation, the terrorist activities of organized crime stillhave many question,which is not conducive to preventing and combating terrorist activities of the organization.Terrorist organization is extremely three or three or more fixed criminal organizations. It is violence, threats, intimidation and other means to endanger public security and disrupt social order, Which is in order to achieve intimidate, threaten social purpose of social, political or politically tendentious.Depending on the subject, we find that the current terrorist organization is divided into two main modes: Mode judicial cognizance and administrative recognition mode. These modes have a tendency of gradual integration in the world.China adopted the identification pattern is identified mainly administrative, judicial cognizance supplement.Member of the terrorist organization’s activities are divided into the ringleaders, organizers, leaders, active participants and other participants.Ringleader behavior including organizational behavior, leadership behavior, behavior planning, directing behavior. it is a leader in the aftermath of the terrorist organization was founded, the commander of those responsible for the terrorist organizations to carry out daily activities.Although the criminal law on the entire terrorist criminal organizations qualitative punished,due to the internal members of the division of responsibilities of different role,the criminal responsibility is different.Ringleaders of criminal responsibility should be in accordance with the principle of subjective responsibility and the principle of personal responsibility, which should be the responsibility of the crimes committed within the group. Specifically, the objective point of view, must be involved in the implementation of the ringleaders of the criminal act.The implementation of this embodiment includes not only personally, organized crime members inside the implementation should continue in organized crime ringleader defined and organized crime within the scope of the plan.Subjectively, the organization recognized the crime committed by the scope and definition of the disposal of the consequences or who wish to indifferent attitude.The principle of measurement of punishments for ringleaders are the principle of suiting punishment to crime and criminal responsibility and the principle strictly and severely.Through the " the Ninth Amendment of Criminal Law " can be seen,The current Criminal Legislation of terrorist activities affected the safety of criminal law and criminal law of the enemy deep, with national and international anti-terrorism situation contrast.But still in the legislative term on charges of configuration, there are many places to be perfected on the penalty Configuration. Proposing legislation to help crack down on terrorism organized crime.
Keywords/Search Tags:terrorist organization, responsibility, rules and regulation
PDF Full Text Request
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