The Theory Of Perfect Anti-terrorism Criminal Legislation In China

In the 21st century, the terrorism crime spread rapidly in the global scope, become the key issues of common concern to the international community, especially the\"9.11\" incident, but also for the world is a wake-up call. China has failed to survive the terrorism crime, also faced with the reality of terrorism crime and the potential threat. Although our country by joining international conventions on terror, modify and perfect the law strengthened form of the terrorism crime, but with the international convention on standards of compared to the legislation of other countries, there is still a certain gap. First is our anti-terrorism legislation USES is dispersible legislation pattern, the pattern of criminal law amendment to perfect our country terrorism crime legislation, the legislative model to a certain extent conforms to our country legislation tradition and the legislative concept, but from the Angle of the security situation and anti-terrorism long-term, amendment of criminal law is difficult to meet the needs of the reality on terror. Followed by the regulation of our country criminal substantive law about terrorism crime more concentrated in some specific provisions of criminal law, the general part involves less, the general part of terrorism crime regulation in addition to the special recidivist no other special provisions; Imposes severe penalty plot of terrorism crime, but to reduce, exempt reason such as sentencing plot without regulation, which leads to the judiciary in the circumstances of the crime of terrorism crime in the judicial practice and determination and lag area is poor, influence the sentencing justice. The new criminal procedural law in China based on the value orientation of punish terrorism crime, in the aspect of the construction of a litigation procedure limited the criminal suspect rights and expanded accordingly judiciary power, but lack of power restriction and supervision mechanism construction, easy to cause the power abuse. Based on this, on the basis of the study abroad anti-terrorism legislation, combined with the traditional, legislative concept and anti-terrorism legislation in our country, the need to make the necessary adjustments to the anti-terrorism legislation of our country and perfect. The legislative mode gradually realize from the dispersible to comprehensive excessive; Substantive law to punish of terrorism crime in limitation, science set up related charges, perfecting the sentencing plot; Approval and supervision of the procedural law has strict technical investigation procedures, restrictions on terrorism suspects to obtain a guarantor pending trial rights, protect the rights of the defendant and the victim is basic, strengthen the international judicial cooperation against terrorism.