The Crime of helping terrorism is a new charge of the Criminal Law Amendment IX,which is the result of revising perfectly to Crime of financing terrorism from one of the Article 120 of the original Criminal Law.This article takes the crime as the object of study,combined with the recent introduction of the Anti Terrorism Law,using the basic theory of criminal law to analyze,so that we can correct grasp of the theory and judicial practice of the crime.This article starts from the concept of “terrorism”,which interpreting deeply the basic concept of “terrorism”,it’s origin,characteristics and terrorist activities,knows the definition of the crime of helping terrorist activities.I’ll compare the crime in the international and domestic legislative history,so that I can from the horizontal to clarify the connotation of related terms on grants,terrorism,and from vertical to the greatest extent,to help the target layer by layer analysis,and strive for all-round,three-dimensional,will help terrorist activities in criminal law under the legal theory.Then the paper focuses on the composition of the crime of helping terrorist activities.It is considered that the object is a complex object,including public security,national security and so on.The objective aspect is to raise funds,supplies,materials,information and other acts for the terrorist organizations or those who carry out terrorist activities and by conducting of terrorist activities or training for the recruitment and delivery of personnel.The main body includes both the unit and the natural person and probes into the question whether the state and the state organ can be the subject of the crime in the paper.On subjective,the crime can only be intentional,direct and indirect intent,negligence does not constitute the crime.Finally,with the case,the author analyzes the preparatory stage of the crime,the accomplished and attempted,the suspension and the crimes numbers.At the same time,this paper analyzes the difference and connection between this crime and the crime of endangering national security,money laundering crime and the crime of harboring and organizing the underworld to further distinguish and recognize the crime. |