A Study On The Definition Of Terrorist Crime

In recent years,the rapid development of terrorist criminal impact on people's personal rights and property rights seriously.It also seriously damaged China's public safety and social order.It is imperative to crack down on terrorists and fight against terrorist criminal.Terrorist crime has appeared in many laws such as "criminal law","criminal procedure law" and "anti-terrorism law" in China.However,there is no unified answer to the specific meaning of terrorist crime.We must make a clear definition of the concept of terrorist crime as soon as possibleThis paper introduces the “social contract theory” and “enemy criminal law theory”which is the main supporting theory of terrorist crime.Combined with the "anti-terrorism law",this article made a re-definition of the terrorist crime.Terrorist crime refers to the behavior which is prosecuted by the individual or unit to realize its political or ideological purposes.It aimed at non-combatant goals such as civilian facilities,non-armed personnel.or fighting goals such as state organs,international organizations.By means of violence,destruction,intimidation and other ways like those,terrorist crime violates citizens' personal rights and property rights,endangering public order and public safety.The specific terrorist crimes can be divided into certain forms of terrorist crime,probability forms of terrorist crime,In addition,there are periphery crimes of terrorist activities which are closely related to terrorist crime.There are basic principles and specific principles of criminal policy applicable to terrorist activities.there are three basic principles to deal with terrorist activities.The fist one is "Processing the case according to law".The second one is "Handling the case flabby or strictly according to the specific circumstances of each one".The last one is "Adhering to the implementation of religion and national policy".The policy of "Severe crackdown,heavy punishment" is the refinement of these basic principles.It should be carried out in the various types of terrorist crime.It is necessary to pay special attention to the fact that our country's terrorist activities are concentrated in ethnic minority areas such as Xinjiang and Tibet,but the terrorist crimes themselves are not linked to any certain religion.Whether Christian,Buddhist or Islamic,almost all religions have one thing in common.That is advocating kind and beauty,love and peace.They don't induce believers to commit crimes,endanger the interests of the state or others.Although some terrorists are religious believers who claim that the terrorist activities is inspired by a religious doctrine,the terrorist activities can't be linked to the religion.Because the criminal's misinterpretation of religious' s doctrine does not mean that the religion itself is directly linked to terrorist activities.Our Constitution stipulates religious freedom of citizens and the government's duty to protect the right of citizens.In the fight against terrorist activities,we should pay more attention to protecting the freedom of religious belief of citizens and do not mix terrorist organizations with specific religions.In addition,although we should use the criminal policy of "Severe crackdown,heavy punishment" on terrorist perpetrators,we must pay attention to the defendant's human rights.There are limits to this criminal policy.The modern society is not only a society ruled by law,it is also a human rights society.We must do everything according to law,otherwise we'll lose the value and significance of the thing itself.The punishment and regulation can be put on criminals on the condition of respecting their fundamental rights.This applies to the perpetrators of terrorist activities,too.only by this,can the policy of "Severe crackdown,heavy punishment" really plays a role in curbing the terrorist crime.