Font Size: a A A

Research On The Inscape Of The Terrorism Crime

Posted on:2018-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:D D ZhangFull Text:PDF
GTID:2336330512974160Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
After "911",every country exert all their energies to fight against the terrorism crime.In our country,fighting against the terrorism crime is further extended.Specificly,they are three aspects in law.Firstly,terrorism crime's objective inscape is expanded."Criminal Law Amendment Nine" and "the Anti-Terrorism Law"punished in 2015 all conbine the promotion into the terrorism crime's concept category.Secondly,it's subjective inscape is broadened.According to "the Anti-Terrorism Law",the terrorism crime's subjective one can be divided into the motivational inscape and the objective factors.The former one can be defined as creating panic or thteatening the government agency and the international organization.The latter one can be defined as the political or ideological purpose.Thirtly,it is expanded the subject inscape of the terrorism crime.According to article 120 of "Criminal Law" and clause 4 of article 3 of "the Anti-Terrorism Law",the individual can perpetrate the terrorism crime.Forever,although fighting against the terrorism crime is getting more and more severe,neither "Criminal Law Amendment Nine" nor "the Anti-Terrorism Law",there are not the formulate to the inscape of the terrorism crime specificly.From this view it,in order to implement the anti-terrorism strategy,make the country,the people and the property safe,It is need to reconsitute the the inscape of the terrorism crime based on the law.This article studies the inscape of the terrorism crime from the following aspects.In part one,summary the present situation and its regularity of the terrorism crime.In our country,the terrorism crime spreads fast.On the basis of the occurred cases,the terrorism crime in our country has some regular pattens,such as,subject complexity,regionl infiltration;method diversion,idea dissemination and relation between domestic and overseas.In part two,analysis the objective inscape of the terrorism crime.This can be divided into two types.They are idea spreading terrorism crime and activing terrorism crime.Defining the fomer one,"Criminal Law Amendment Nine" draws the criminal circle."The Anti-Terrorism Law" defines the connotation of the concept.It can be divided into promoting terrorism crime and inciting terrorism crime.Studing the latter one should understand the specificity of the preparing and helping.It contains violenting terrorism crime,destroying terrorism crime and threatening terrorism crime.In part three,analysis the subjective inscape of the terrorism crime.That cotains motive inscape and objective one.One embodies creating panic or thteating the offical organizations.The other consists political purposes and ideological purposes.It can be judged through the intuitive and expand the "social organization" as the object of the thteating motive to perfect the motive factors of terrorist.For the purpose of inscape,the political purpose is prior and necessary.The ideological purpose is secondary and last.And it has special meaning.In part four,analysis the subject inscape of the terrorism crime.Becanse of the penalty theory,terrorism crime types and the possibility,the "lone wolf'terrorism crime can be existed.The principle of identify the subject inscape of the terrorism crime is administration identifing as starting point,justice identifing as the core and the administration announcing as the final.
Keywords/Search Tags:the terrorism crime, objective inscape, subjective inscape, subject inscape
PDF Full Text Request
Related items