Research On The Transformation Of The Domestic Criminal Law Of The International Convention On Terrorism

Terrorism crime is a special type of crime, the violence of the means and the severity of the harmful consequences is enough to make the whole country and society fall into an extreme panic. In order to prevent and punish the crime of terrorism, China has joined the vast majority of international conventions on terrorism, and the "Criminal Law Amendment(3)" and "Criminal Law Amendment(9) " had increased and revised the clause " related to fear " in "Criminal Law ". But so far, China's "Criminal Law" still did not make a clear definition of the crime of terrorism, and also has a great deal of incongruous places with international conventions on terrorism provisions.Therefore, the author intends to start from the international conventions against terrorism,combining the related content on international conventions against terrorism,and choose a suitable legislation mode for the national conditions of China's anti-terrorism, clear the definition and connotation of the crime of terrorism, and on this basis, to distinct the crimes of terrorism and extremism crime and ordinary crime reasonably.This paper is divided into four parts:The first part is the basic problem of international convention of anti-terrorism. First of all, it summarizes the content and the causes of the 13 global international conventions on terrorism and some typical Regional Anti-Terrorism of the International Conventions.Secondly, it sorts out the development process of international conventions against terrorism,it is divided into embryonic stage, development stage and hardening stage. In addition this part is also in-depth discussion of state terrorism. Finally, it summarizes the laws and characteristics of the crime of terrorism in the International Convention on terrorism, and lays the foundation for the definition of the crime of terrorism.The second part is the analysis of the transformation model of the International Convention on terrorism. Through this part, we can understand the attitude and position of the International Convention on international terrorism, and provide feasible suggestions to improve the legislation of the criminal law in China. Into the mode and mode of transformation is the two principal ways to transform the international law to domestic law.Be different from other international law, every country for international conventions against terrorism almost invariably use the mode of transformation to provide the Convention of the content.It is related not only to the legislation of the countries in the traditional,but also one'sown characteristic of the international conventions against terrorism. After transforming into domestic law, the States parties to the contents of the international conventions against terrorism legislation have different patterns, in which the single mode of criminal law and the criminal code mode are adopted by countries mainly, and take affiliated mode of criminal law in a country or region is less and less. This is because the single line criminal law model has the characteristics of targeted, timely and complementary, and the code mode has the stability,authority, easy to operate and so on. The author thinks that China's "Criminal Law" should be the same as other countries to take the transformation of the mode of International Convention on the provisions of the International Convention on terrorism. As far as the legislative mode is concerned, the author thinks that our country should adopt the criminal code mode to set the terrorism crime.The third part is about China's "Criminal Law" on "terrorism related ”legislation. In our country, the national division forces and religious extremists which are represented of the" East Turkistan " and " Tibet independence " are the main forces of terrorism. After " 1997 Criminal Law ", " Criminal Law Amendment(3) " and " Criminal Law Amendment(9) "revision and perfection, China's " Criminal Law " on " the terms involved in terrorism is more rich and complete, it is including terrorist crimes of organizing, leading and participating in terrorist organizations such as the crime of pure terror crime and explosion crime is not pure.Provisions of the terrorism crime in the criminal law of our country absorbs and refers to the content and spirit of the international conventions against terrorism, in the legislative mode, it is the penal code mode and has a "relatively centralized and decentralized type", and gradually from paying attention to blow to a focus on prevention, emphasizing strike fear of terrorist crime preparatory behavior. But confined to the legislative technology and other reasons, China's "Criminal Law" in combat terrorism and crime still exist many problems, the focus of this part is pointed out these deficiencies, and to be demonstrated.The fourth part is to improve our "Criminal Law" related to terrorism legislative proposals, and to distinguish between terrorism crime and related crimes. First of all,according to the International Conventions against terrorism into domestic criminal law transformation mode, from the macro level, studying about the anti-terrorism legislation on China's "Criminal Law"; secondly, from the specific level perfecting our country's criminal legislation against terrorism,and putting forward the establishment of "terrorism crime", "crime of endangering the security of the fixed platform of the continental shelf" in "CriminalLaw", and from terrorism crime subject dualism, the purpose of multi levels, means of violence and destruction, the object not specific features, analyzing the definition and connotation of terrorism crime and the differences between its related charges, to achieve practical application in the judicial practice.