A Study On The Criminal Legislation Of Antiterrorism In China

At present,on a global scale,the rapid spread of terrorist crimes is becoming a serious threat to the national security and the social development.Under the influence of religious extremism and national separatism,our terrorist crime is facing an increasingly serious situation.On the background,it is necessary for countries to take joint action to promote the construction of a global anti-terrorism legislative system by formulating international conventions or improving domestic legislation.The paper target the abstract potential damage offense in the terrorist crimes as the research object,and use the integrated method of logical analysis,historical research,comparative research and so on,to survey the predicament of instituted abstract potential damage offense and to distinct the based point of legal interest.As a while,the paper investigate the theoretical change of legal interest and abstract potential damage offense,and inspect the regular pattern of the deep value concept of criminal law.Finally,this article provides a countermeasure for the abstract potential damage offense in the terrorist crimes at the macro level.Since the criminal law has been criminalized for the first time in 1997,China has supplemented and perfected the anti-terrorism criminal legislation system in the form of three amendments to the criminal law.In general,the criminal legislation on terrorism and extremist crime presents the characteristics of the "legal protection of the prerequisite for the security of the criminal law",and the establishment of abstract dangerous criminals is the best interpretation of the legislative characteristics.It’s true that the establishment of abstract potential damage offense contributes to protecting the legal interests roundly,and to preventing and controlling the risk of "social risk"in advance.But compared to the traditional abstract potential damage offense,the late potential damage offense have been a subtle change,which will pose a threat and challenge to the traditional crime.In order to fully verify the appropriateness of the legislative action in the’ large number of the additional abstract potential damage offense in the terrorist crimes,the second part of the text adopts the progressive research method,as well as in depth to the core category of the research object--abstract potential damage offense--to carry out the study.First of all,through the research on the present situation of potential damage offense,we find that the basic theory of abstract potential damage offense includes two aspects:the identification of "legal interest" of abstract potential damage offense and the "dangerous" judgment of abstract dangerous crime.At present,the debate on the basic theory of the abstract potential damage offense in the academic circles is mainly focused on the field of the judgment of "dangerous",while the research on the prerequisite theory of "legal interest" of abstract potential damage offense is relatively lacking.In the past studies,scholars tend to define the concept of legal interests as a specific personal legal interest,while ignoring the reality that the expansion of the criminal law has caused the complexity of the theory in legal interests.In fact,in recent years,the protective legal interest of the criminal law on the public order and the operation of state power is no longer a simple addition to the traditional personal legal interests,but is regarded as the conditions and guarantees to achieve the personal legal benefits.The abstraction of such legal interests has far exceeded the connotation and extension of the traditional concept of legal interests,which makes the concept of legal interests into a difficult period.Based on this study,we summarize three paths to translate the traditional abstract potential damage offense into the late abstract potential damage offense.Through the comparison,it’s found that the "spiritualization" and "abstraction" of the contemporary abstract potential damage offense have the risk of unpredictable judgment,which can lead to the breakthrough of the principle of legally prescribed punishment,as well as to the violation of the legitimate rights of citizens.Therefore,it is necessary to seek a breakthrough for the legislative regulation of abstract potential damage offense by exploring the changing trajectory of the deep values of the traditional and the late theory.The concept of "abstract legal interest" which is the basis of the abstract potential damage offense in the terrorist crimes has changed from the"materialization" to "spiritualization",which belongs to the typical representative of the new type of abstract potential damage offense in the construction of risk criminal law.Although in the context of the current rampant crime of terrorism,it is necessary to extend the regulatory borders of anti-terrorism criminal legislation through the addition of new abstract potential damage offense,the criminal law as a means of controlling the society,should be modesty and complementary,rather than suddenly becoming the first line of defense to adjust the social relationship,otherwise it will lead to the violation of the legitimate rights of citizens.In this view,we abandon the past method which is just focus on the hermeneutics standing on the standpoint of the existing criminal legislation defects,and try to make a prerequisite reflection on the existing problems of criminal legislation in the legislative angle.