Understanding The Differences And The Road Of Solve "Terrorism" Problem

Since the 20 th century,the crime of terrorism in the world and a rapidly growing trend of the spread of the international community,to peace and security,have posed a serious threat.The recent series of terrorist attacks in Europe in Paris,France and Brussels,Belgium shocking happened,only Paris single terrorist attacks on a total of 132 people were killed and 352 people were injured,96 seriously injured in serious consequences.Police discovered after the fact in the course of the mobility of terrorists posing as refugees,not only entering into France,there was originally a French or EU citizens.In addition,terrorists after committing the crime,although casualties,but there are still people quickly fled France,described the law enforcement agencies did not fully control preparations.Of course,in the case of the spread of global terrorism,the Chinese are not being spared,especially damage from the "East Turkistan" terrorist organizations and extremist religious and other organizations,to the social order,people's life and property caused serious damage.Therefore,the international community to pass legislation to effectively control the spread of the new era of terrorist organizations,was again mentioned focus position."European Security Conference," issued in 2015 as a number of provisions,in order to effectively counter-terrorism and international organizations combined within the EU introduced a number of related laws and regulations to effectively control the movement of terrorists among the EU countries.EU asearly as 2002 for the crime of terrorism focused amended their criminal law,and in accordance with the development of counter-terrorism cases after more further improved.China has also taken since 2002 the corresponding countermeasures,such as the International Convention on international terrorism was added,the corresponding increase in terrorism charges in the Criminal Law Amendment(c),(viii)and(ix),and increases the punishment to expand and modify Special recidivism range.In the "decisions on issues on strengthening anti-terrorism work," the NPC Standing Committee promulgated in 2011 clearly defined the scope of terrorist activities,terrorist organizations and a series of concepts,but these concepts remain vague and unclear logic features.Today,terrorism and ideological and organizational form complex,located in the wider world,accompanied by the rapid spread of the ideological trend of terrorism,a great risk to the national and international society,and in the risk society,how effective use of legal means to avoid the risk and prevention of risks,and at the risk of how to use the social and legal protection of the ultimate means of criminal law to punish sources of risk,it would be important issues of domestic and foreign criminal law scholars.But the international community for the study of terrorism for nearly half a century,but still does not have a precise definition for the definition of terrorism in the country promulgated a new "anti-terrorism law," although for the first time clearly defined terrorism and terrorist organizations concept,but still related to piracy "decision" of the NPC Standing Committee enacted in 2011 on charges of terrorism class tends to "pocket sin" of development.Therefore,a clear understanding of the concept of terrorism accurate for effective regulation of the relevant offenses and for the prevention of crime is of importance.So the author writing this article.In the first part is mainly about terrorism root,in the identification field is formed by the theory and finds the differences and in complex cognitive theory is only the legislative definition can giveanti-terrorism practice and judicial blamed on deterministic.This leads to concerns about the stability and authority of the anti-terrorism legislation,as well as the basis of the foundation of domestic sanctions and international cooperation.In the second part mainly expounds the Chinese anti-terrorism legislation is found to criminal law and the law of the People's Republic of China on Anti Terrorism Law ",mainly combined with other administrative regulations,supplemented by a model and the" three doctrine "legislation recognized difficulties and in four jurisdictions identified the difficulties of disunity.The third part combined with the use of Austria's anti-terrorism legislation that is the criminal law,binding mode and legislative experience of EU treaties,culminating in the domestic and international legislation of two aspects gives the author to solve the dilemma that terrorism legislation,specific recommendations are as follows: establishing the concept of terrorism as the core of separatism and extremism the establishment of our country;terrorist organizations and individuals added list;implementation of the terrorist activities crime in the criminal law;unification of China in Hongkong,Macao,Taiwan and Chinese mainland,four law against terrorism through regional agreements and the Shanghai cooperation organization;to expand China's anti-terrorism awareness in the regional and international consensus on the degree of the SCO organization;to further improve China's participation in international treaties into domestic law process.I believe,that the problem of terrorism identified binding mature Austrian criminal legislation and relevant EU legislation file compare,draw relevant legislative experience,seeking to draw on the identification of the legislation,not only in theory has a certain significance in the field of practice also has strong guidelines.Because only give a unified and clear "terrorism" and "terrorist activities" precise definition,in order to better define the guidelines for the use of relevant administrative law enforcement departments against terrorism,and provide strong support for the qualitative legal incrimination andcriminality,final to optimize our criminal anti-terrorism legislation identified purposes.