An Empirical Research On The Judiciary Disposition Strategy Of China's Violent Terrorist Crimes

In recent years,various strategies,such as "supermax deterrence" and "zero tolerance",have been adopted in China's criminal justice system to cope with the severe criminal situation in such period with rampant terrorists.From the perspective of juridical practice,however,severe penalties fail to deter the increasingly rampant trend,but lead to a situation where terrorist activity seems to increase even under anti-terrorist background.The concrete practice of criminal justice is the "measure gauge" to verify whether the criminal legislations and policies achieve good social effects.And this result directly affects the appeal orientation about the norms of criminal legislations.At present,China's scholars focuses on the research of violent terrorist crimes norms while settling down to build the top-level designs,including the legal system,and the prevention and control system for violent terrorist crimes,which care little about how the legislation of violent terrorist crimes runs in juridical practice.A few scholars have studied the empirical researches of violent terrorist crimes,but the objects and methods used in researches are greatly limited.Thus,the juridical practice of violent terrorist crimes should be taken as a point-cut.This paper summarizes and analyzes the judiciary disposition strategy of China's violent terrorist crimes based on the specific judicial data and cases that are concluded from empirical legal studies,especially the quantitative analysis of judicial big data.Afterwards,it raises targeted suggestions and countermeasures in accordance with the existing realistic issues so as to provide new research thought for preventing and controlling the violent terrorist crimes.After the investigation of demonstrations related to typical violent terrorist crimes and terrorist-suspected crimes,it can be found that in judicial circle,the executed judiciary disposition strategies in the active period of violent terrorist crimes,such as "supermax deterrence",and "zero tolerance",are lack of sturdy theoretical foundation,consistent carried norms and thoughts.That is the main reason brings about a series of realistic issues,such as sharpening contradiction,emotional judiciary,formalized judiciary,as well as the behaviors of consequential offence disposed as crimes.As a result,the violent terrorist crimes cannot be prevented and controlled effectively,but the effect of standard and conclusive evidence of criminal law is affected severely.More specifically,it can be demonstrated as follows.First of all,"supermax deterrence",one of disposition strategies,has negative effect distinctly,which has not reduced crime rate obviously but intensified the conflicts,provoking the terrorists to take retaliatory acts.It mainly embodies in the cases of violent terrorist crimes that occur frequently as usual even if the governments strike a severe blow.The "suicidal" and "individual" terrorist attacks are becoming the mainstream.Secondly,"zero tolerance",another disposition strategy,deviates from the correct direction.Under its guidance,severe and intensive strikes are going to be applied widely for disposing preparation actions and helping behaviors of violent terrorist crimes.In juridical practices,the behaviors of consequential offence are almost sentenced as crimes.If judges' case solving idea is impacted heavily by this,they may gives out legal interpretation and judicial adjudication deviating from the substantial justice easily in order to safeguard formal rationality.In the meantime,the criminal circle will be expanded undeservedly.Furthermore,different judgment on the same case is one of serious phenomena.Regardless of "supermax deterrence" and"zero tolerance",the policy kernel is "strict and heavier punishment",which cannot provide the specific standard for declaring and sentencing violent terrorist crimes,but endow so much discretionary power to the judges.Finally,criminal policies are implemented differently across the country in juridical practice while the different judgments on the same case always happen.At last,emotional judiciary is relieved temporarily by wrong ways,which results in disaster.In China,the governments have been executing the severe punishment and joining the practice of international anti-terrorism struggle.Under the dual influences,judiciary disposition strategy of China's violent terrorist crimes is too harsh but not lenient enough;and it lacks long-term strategic thinking for controlling the overall situation because the governments over-emphasize to maintain social stability in a short time for satisfying their vanity.This goes against realizing the long-term goal of anti-terrorism but also draws further apart from China's basic criminal policy.To reverse the adverse situation,the policy in which the judiciary disposition strategy matches and fits the basic criminal policy must be insisted in criminal justice of violent terrorist crimes."Dual" strict anti-terrorism policy should be applied specifically in accordance with the basic criminal policy system of "tempering justice with mercy",which means giving severe punishment if needs,and showing mercy if it can.At the same time,long-term and stage goals set for anti-terrorism should be balanced in advance;the different characteristics between long-term and stage goals set for anti-terrorism should be well evaluated;strategic deployment should cope with all situations and crises flexibly.The relationship between legal rights protection and human rights protection must be coordinated reasonably for accurate screening and moderate combating.The comprehensive treatment based on the modesty principles of criminal law should be abided by with no hesitation.For the area where criminal law fail to involve or shall not involve in,the best strategy for the judicial disposition of violent terrorist crimes in China at present is to abandon the tradition of "legal paternalism",and to do something and leave something undone.