Judicial Application Research On New Type Of Crime Of Terrorism And Extremism

Terrorism and extremism crime are tumor of human society,and they have spread around the world.Our country also suffered all kinds of the threat of terrorism represented by the "East Turkistan".In response to this non-traditional security threats,our country actively improve the weak legislation situation on terrorism and extremism crime through legislative means.The "Criminal Law Amendment(9)" is a major achievement in the field of criminal legislation in our country.And as the "criminal law amendment(9)" promulgated,the concept of the new type of crime,crime constitution condition analysis,and judicial definition of related problems need to be studied and solved in the law field.The paper is divided into three parts except preface and conclusion: the first part is the summary of terrorism and extremism.It mainly expounds the amendment background and basis of "Criminal Law Amendment(9)" on terrorism and extremism and made comment according to the legislation's present situation,significance and shortcomings;The second part is the constitution of terrorism and extremism.The second part analyzed the meaning of "terrorism" and "extreme" in the context of the criminal law,discriminated some concepts and focused on combining the theory of "four elements" to discuss the constitution of new crime of terrorism and extremism;The third part is judicial application of terrorism and extremism.Based on the austerity of criminal law concept,this paper expounded judicial links highlight the necessity of the concept of human rights protection under the condition of criminal legislation expanding.At the same time,the eight terrorism and extremism new crimes indictment amended in "Criminal Law Amendment(9)" were analyzed respectively in judicial application.