The Study On Antiterrorism Criminal Policy In CHINA From The Perspective Of Human Rights Protection

In recent years,terrorist crimes worsen.In view of the severe situation of global terrorism crimes,all countries adjust their criminal policies to deal with and punish terrorist crimes.The United States has adopted "gently layer on layer" the criminal policy to severely punish the crimes of terrorism;Germany and Russia governments have introduced strict criminal law net,expanded the scope of the relevant law enforcement authorities and strengthened international cooperation,etc.,which also reflects the strict anti-terrorism criminal policy.In recent years,China has also strengthened the crackdown on terrorist crimes by amending the criminal law.Strict punishment of terrorism crimes is conducive to safeguarding national security,social stability and enhancing people's sense of security.However,although blindly making strict criminal policy,in the short term,can rapidly reduce terrorism crime rate.But in the long run,it is easy to cause the terrorist organization's counterattack and is also a threat to the common people,the victims and the human rights of terrorism suspects.Punishing crimes and protecting human rights is the goal pursued by modern criminal law.In order to prevent and punish terrorism crimes better,tightening the arm of the criminal law and expanding the scope of the law enforcement authority is in line with the legal basis.However,the scope of power of law enforcement agencies should be limited because the protection of human rights cannot be ignored for the punishment of terrorism crimes.This paper tries to sort out the criminal policy of anti-terrorism in China from the perspective of human rights protection.The comparison and analysis of the criminal policy of foreign countries against terrorism and China's current criminal policy against terrorism makes a further proof that blindly making strict anti terrorist criminal policy is not only not conducive to punishing crimes,but also may infringe on human rights so that it makes a conclusion that China's anti-terrorism criminal policy should adhere to "temper justice with mercy,take strictness as the principal thing,supplemented by loose policy" in order to achieve a proper balance between punishing terrorism crimes and protecting human rights.