The Comparative Research On The Counterterrorism Criminal Policy Of China And The U.S.

In recent years,terrorist attacks have had a major impact on the whole human society,and all countries in the world have taken various measures to combat terrorism.The prevention and control of terrorist crime is not a simple question.It is necessary to control from the general direction,but also from the minutiae to start.The general direction of counter-terrorism is the criminal policy embodied by various countries in various counter-terrorism measures,and the subtleties of counter-terrorism are the laws and regulations and various documents promulgated by each country and region for terrorist crimes in their own fields.As we all know,terrorist crimes are different from other crimes in criminal law.Because the terrorist crime is not only crime,but also related to a variety of economic,cultural,religious problems.On the question of how to counter terrorism,the country should select the correct,reasonable and scientific criminal policy to guide concrete counter-terrorism measures and thus be more effective in countering terrorism.On the issue of counter-terrorism,the United States can be said to be a representative country of international counter-terrorism.9/11 events hit the United States until today.In these years,the United States has accumulated a lot of counter-terrorism experience,it is worth learning.This article is based on the study of criminal policy,using the United States as a comparison,to make a comparative study of counter-terrorism policy between China and the United States.This paper is divided into four parts:The first part is the discussion of criminal policy.The meaning of criminal policy has been in dispute,all scholars have their own views.It can be said that the broad criminal policy and the narrow criminal policy have their merits,but also have their own shortcomings.I believe that the definition of criminal policy is not necessary to fight for who is who,because scholars who believe the broad criminal policy do not resist criminal legal policy,and scholars who believe the narrow criminal policy do not deny the existence of social policy.Finally,I choose three levels of definition,namely criminal comprehensive policy,basic criminal law policy and specific criminal law policy.The second part is the discussion of American criminal policy against terrorism.The United States had started to counter terrorism before 9/11,but the really powerful counter-terrorism measures began after the pain of 9/11.This part first studied the US counter-terrorism initiatives on the issue,and to explore different counter-terrorism measures of different administration.And then from these counter-terrorism means,we can sum up the characteristics of the US counter-terrorism policy and on the basis of these counter-terrorism criminal policy,we can make criticism and reflection.The third part is about the current criminal policy of China's counter-terrorism.Since the 1997 criminal law of our country,we have gradually attached importance to the work of counterterrorism,and 9/11 made not only a major impact on the United States,but also a great harbinger of our country's terrorism.This part also first studied the counter-terrorism measures of China.We can see that our counter-terrorism work from weak to strong,and it is a process of historical change.From these counter-terrorism initiatives,especially in the recent legislation,we can summarize the characteristics of China's current counter-terrorism criminal policy and then we can criticize and reflect on China's counter-terrorism criminal policy.The fourth part is the prospect of China's future counter-terrorism criminal policy.Compare the criminal policy of the United States,we should realize that the United States has walked the wrong path which we cannot go,but the United States also takes some excellent strategies that we can learn from.This part mainly discusses the orientation of criminal law and penalty in the criminal policy of terrorism,the combination of criminal law and social policy,counter-terrorism criminal policy and civil liberties and so on.Finally,it makes some suggestions on China's counter-terrorism criminal policy.