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Study On International Legislation On Financing Cyber Terrorist

Posted on:2017-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:M H ChenFull Text:PDF
GTID:2296330503984074Subject:Law, international law
Abstract/Summary:PDF Full Text Request
The relationship between Terrorist crimes and terrorist financing is compared as the "military actions " and collect "forage". Funds involving terrorism, flowing with the economic activities, is nourishing the terrorist organizations,and is stimulating terrorist activities one after another. Combating terrorist financing is not only effective measure currently, but also to deal with drastic policy for its rampant development. Combated by existing international legislation, the space for terrorist financing is increasingly compressed. In the information age, internet is spread to all corners of the world, cross-border terrorist financing on network, comes as "a timely." Terrorist organizations and their supporters are moving part of a traditional terrorist financing or all to the Internet, a space more subtle and lack of legal regulation.Cyber terrorist financing acts as "parasites", looking for every "parent" in the online world. Terrorist organizations and their supporters collect money through cross-border electronic business platform, the network platform for new economic and financial legal business activities, through a cyber charitable activities,contributions by members of the Internet and Internet activities to raise profits intellectual property infringement, cyber crime and other ways. Terrorist organizations and their supporters to commit terrorist funds through a online shell companies, online banking, online insurance, securities and other online financial products, online payment systems, virtual currency transactions, hackers and other network technology. Terrorist organizations and their supporters cover the transfer carried out online and offline through a network of charitable activities, virtual property transactions, anonymous internet financial flows and other ways.Existing legislation applicable to the international fight against cyber terrorist financing, from the regulatory point of view, there are two objects, namely international legislation to combat cyber crime and international legislation against traditional terrorist financing activities; from the law-making body point of view,there are legislation made by worldwide organization,such as the United Nations,FATF and the Basel Committee on banking and other anti-terrorist financinglegislation.There are anti-terrorist financing legislation and cybercrime legislation made by regional international organizations, such as the EU and the organization of American States. In addition to numerous bilateral and multilateral anti-terrorism treaties, anti-money laundering and anti-terrorist financing legislation alone. Although international legislation to combat cyber terrorist financing have some applicability,but there’s still a lot of lacks of legislation. Such as Legislation aimed at combating cybercrime and legislation aimed at anti-terrorist financing in traditional ways,applied to combat terrorist financing networks, must exist negative legislative conflict, the emerging behaviors in new style that no one can be used. There are limited members of multilateral treaty signed by regional organizations like the European Union and the United States to combat cybercrime and the legislation implemented within the European Union to combat cybercrime. It is because of the presence of absence of relevant existing international legislation and various shortcomings that the cyberspace is so popular for terrorist financing. Cyber Terrorist financing rampages unimpeded, indicating that it has produced a "desensitization" phenomenon. So to promote the existing international legislation would be good for the fight against cyber terrorist financing.Analyzed the connotation and denotation of the cyber terrorist financing, and presented the trend of cyber terrorist financing, identified the shortcomings of existing international legislation,this study made series of comprehensive recommendations as following: tow legislative modes, as well as the three principles that must be reminded,and some specific improvement recommendations on criminal legislation, law enforcement, regulatory and administrative supervision legislation. That the two modes are:combining network security legislation and anti-terrorist financing legislation, the other is that making comprehensive international legislation the mine actor and the members’ legislation the additions; three principles are those :national sovereignty, protecting human rights, international cooperation; some proposals for criminal legislation:propelling the criminal offenses idea from passive discovery to actively prevent crime, limiting the misfeasance and the common criminal, and other configurations as well as the adoption of technology-based criminal justiceenforcement,and dividing the jurisdiction rationally. some proposals for regulation on anti-terrorist financing network administrative supervision:diversification of the regulatory body, regulatory means of science and technology, the idea of expanding the regulatory and other aspects.This research aims at identifying the problems of existing international anti-terrorist financing legislation and international cybercrime legislation on the basis of the cyber terrorist financing activities.In view of the characteristics of cyber terrorist financing, putting forward specific recommendations to improve the legislation. In order to more effectively combat cyber terrorist financing activities,to curb terrorist organizations funding throat, cut off their material support on which to launch terrorist activities. Thus having a more effective fight against terrorism crime,which is extreme social harm, rampant, antihuman, antisocial.
Keywords/Search Tags:terrorism, cybercrime, cyber terrorist financing
PDF Full Text Request
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