Research On The Crime Of Terrorism

Since the beginning of the 21 st century, terrorism crime has spread all over the world which has threaten the world peace and safety. In some degrees, terrorist organizations and their members has become the public enemies. It has come to the time when the whole world get together to the anti-terrorism strike. In consideration of social stability and the new situation of anti-terrorism, China is chasing up the International standard of the legislation of anti-terrorism step by step and continuously improving anti-terrorism provisions in criminal law. The ninth edition of criminal law amendment has made a major revision on terrorism crime clause, which fill up the system of anti-terrorism criminal law and meet the need of the current anti-terrorism strike.While making progress in the criminal legislation of anti-terrorism, we should also improve the level of theoretical research in terrorism. There exists some unresolved theoretical problems in terrorism crime. Besides, some basic concepts still cannot be clarified to each other. Especially, we should see the positive significance in the provisions of the terrorism crime in the nineth criminal law amendment. What is more, figuring out the current lack of legislation of terrorism crime is also in necessity. The article consists of three parts. In the basis of combing China’s criminal legislation of terrorism crime, this article is going to resolve the theoretical problems of terrorism crime. Some related international conventions provide a good reference for this study.The first part is about the overview of terrorism crime. It combines the history of the development of the terrorism crime and then analysis the cause of the terrorism crime in multiple perspectives. Finally, it also makes definitions of terrorism crime and the related concepts. Terrorist activities initially take the form of individual terrorism.With time going on, individual terrorist activities gradually developed into organized terrorism which was characterized by complexity of attacks cause, diversification of method, bad effects. In the 21 st century, the terrorism crime presented the organization highly collectivized, highly technical, highly covered on the scope of "three highs" trend. The cause of the terrorism crime also presents the diversified developing trend. The main reasons are economic gap between the rich and the poor, the political hegemony, the conflict between ethnic and religious extremism. Terrorism organizations has become increasingly rampant under the public opinion. Its behavior is increasingly rampant. In worldwide, definition of the terrorism crime hasn’t came to an agreement about the definition of terrorism crime. Our criminal law doesn’t present clear conceptions of terrorism and extremism. According to the article, clearing terrorism and the definition of its related concept in criminal law is of great theoretical and practical significance, and help the judicial practice. It also embodies the spirit of the principle of a legally prescribed punishment. Terrorism crime has four basic characteristics which are complexity of the social relations to which the crime makes harm, phobic of the criminal behavior, the integrity of the organization, and the hierarchy of criminal purpose. Terrorism crime should be summarized as: individual or organizations, based on some kind of political, religious, or social purposes, use violent, terror, destructive means to make social terror, and seriously endanger public safety. The ninth amendment of criminal law, for the first time, introduce the concept of "extreme". Extremist behavior, refers to the the fact that any individual or organization, based on some kind of extreme ideas which are goes against the social mainstream and ethical or moral values and ideals or normal human emotion, take means of violence or other means of non-violence against themselves or a third party, causing serious results. Compared to terrorism crime, they have similarities on behavior means of behavior, the purpose of the crime, and the social relations which the crime do harm to. However, they also have differences in their organizations and the direct crime object.The second part is the development course of terrorism crime in China’s legislation in criminal law. The article combines the China’s legislation of terrorism crime in criminal law and analyzes improvements in prescriptions of terrorism crime in the ninth amendment of criminal law. From 1997 when terrorism first be prescribed on the criminal law,to 2015 when terrorism crime was completed in the ninth amendment of criminal law, and then to the time when China’s first anti-terrorism act takes effect, the terrorism crime of criminal legislation in China is gradually perfect, and initially form a law system consist of the anti-terrorism act, criminal law, the criminal procedure law. In view of the ninth amendment of criminal law about the change of terrorism crime, the article will discuss the following four aspects. First, comment on fine punishment of terrorism crime. On the basis of the positive role of provisions of fine punishment, the article put forward the existing defects of the current prescriptions and suggestions to make it right. Second, comment on helping behaviors of terrorism crime. The article expounds the criminal meaning of helping behavior and its positive significance, then, further differentiate the helping behavior and setting independent legal sentence for helping behavior. Helping behavior of crime, refers to the fact that criminal law help behavior of joint crime originally for the practice of relevant criminal behavior way of legislation. Its positive meaning is that it increases the provisions clarity of criminal law, expand the scope of criminal liability, and simplify the judicial verification steps. Helping behavior crime and to help set up independent legal punishment has two differences.The first is there are differences in the nature of helping behavior. The second is there are differences in the form of the two measures. Third, analysis on the implementation of the preparation behavior. Implementation of the preparation behavior reflect the concept of "preset of law and interests protection". In China, there exists punishments on person who is ready to commit a crime. So, it is necessary to set up a new crime in the way of "preparation for action" in the field of terrorism crime. Implementation of the preparation behavior helps to expand the circle of crime. The ninth amendment of criminal law added ready to implement the crime of terrorism, which is an implement action of legislation. Forth, comments on the new mode of behavior. In addition to the above new charges, it also added 4 new charges. New charges can be divided into two categories, according to the different ways of behavior: first, promote, incite crime; second, the possession of a crime. It is of great significance in completing the criminal law.The third part is the legislative perfection of the criminal law in our country. This article put forward some suggestions to improve the legislation of the terrorism crime from the two aspects. In the general provisions of the criminal law, it should make 3 changes. First, the extension of the scope of jurisdiction. In the expansion of personal jurisdiction in criminal law on the provisions of the personal jurisdiction, in a new, it should be added that: citizens of the people’s Republic of China outside the territory of the people’s Republic of China make the crime of the provisions of Article 12 of this law, Article 120 of the six, applying this method. Second, limitation of prosecution of the terrorism crime. The article thinks, there should be in the "criminal law" Article 87 later, added that: for Article 120 to Article 120 of the six rules of various types of crimes of terrorism, for Article 120 to Article 120 of the six rules of various types of terrorism crime, maximum statutory penalty for 10 years with imprisonment, life imprisonment, the death penalty without limitation on the period for prosecution. The maximum statutory penalty for five years but less than 10 years in prison, the statute of limitations for a period of 15 years; maximum statutory penalty for less than 5 years imprisonment, limitation of prosecution deadline for 10 years. Third,an additional deprivation of political rights for the crime of terrorism. It should be added that in the criminal law, after first fifty-sixth, a new paragraph: for the implementation of the provisions of the 120 th to six of the 120 th provisions of the crime of terrorism, should be added to deprive the political rights. In criminal law, it should be added to endanger the safe navigation, the crime of endangering continental shelf platform security crime.