A Study On The Legislation Of New Terrorism Crime In China's Criminal Law

Terrorist crime is a serious threat to public safety and even threatens the national security of a sovereign state,it has the serious destructiveness which the general criminal crime does not have.China's current anti-terrorism situation is more severe,in order to adapt to the needs of new era on anti-terrorism.In 2015,the "Criminal Law Amendment(IX)"made the greatest adjustment to the criminal legislation on terrorist activities,In December 27th of the same year passed the"Anti-Terrorism Law of the People's Republic of China".Centralized legislation reflects the country's determination on cracking down terrorist acts and the the grim situation of counter-terrorism,I will systematically explain the views of the legislation on terrorist offenses.The first part of the article will focus on the analysis of characteristics,development situation of terrorist activities in China,depth study of the ins and outs of criminal activities,so that we can develop effective and systematic legal system on combating terrorist offenses in line with our national conditions.Although we are no stranger to the concept of terrorism and extremism,but new crime of terrorism and extremism in the "Criminal Law Amendment(IX)" for the first time established the concept of terrorism,extremism in the Criminal law,concept is a high degree of generalization on the inherent characteristics and external characteristics of crime,the lack of concept is easy to produce confusion of judicial understanding.Although the Criminal law introduce the concept of terrorism,extremism.At present,there is no relevant judicial interpretation,laws and regulations on terrorism,extremism to standardize the distinction of concept.Anti-terrorism law defines the concept of terrorism,however,it only describes the external manifestations of extremism in enumerated form,there are some coincident meanings between terrorism and extremism according to the content of the relevant legislation.,this will lead to confusion in judicial practice.Of course,we should distinguish the concept between terrorism and extremism,however,terrorism and extremism are closely related in the judicial practice in China,they can not be treated differently.We should distinguish between the two concepts,at the same time,we must grasp the relationship between the two.In this regard,I will put forward my own understanding of terrorism,extremism in the second part of the article with reference to relevant legal provisions,the views of scholars.The new terrorist law in "Criminal Law Amendment(??)" embodies the feature that criminal law strengthen legislation of preparatory crime and abstract dangerous crime,which reflects the new trend of national legislation against terrorism in the new situation.In addition,the author focuses on the analysis of constitutive elements of crime of new terrorist crimes,and makes a careful grasp of the new terrorist crimes.The above will be discussed in detail in Chapter 3.In the fourth part of the article,I will put forward some suggestions on the inadequacies of Article 120 of the Criminal Law.At present,the legislation of terrorism crime is lack of systematicness and integrity.In addition to the criminal law 120th criminal law about regulations on terrorism crime,regulations on terrorism crime are also scattered in other Criminal law branches,such a system can not well reflect the difference between the fight against terrorism and the general criminal offence,to solve this problem,the author advises adding the crime of terrorist activities,cutting off crime of organizing,leading and participating in terrorist organization,details will be expanded below.In addition,Article 120th of the criminal law on the crime of terrorism is in the second chapter--the crime of endangering public security,in view of the strong political purpose of splitting the country,this arrangement is not appropriate,I will put forward my suggestions.Selective charges specified in article 120th of the criminal law--Crime of spreading terrorism,extremism,incitement to terrorist activities,the act of promoting terrorism and extremism is different from the act of inciting others to commit terrorist acts.It should be divided into the crime of terrorism,extremism and the crime of incitement to terrorist activities,the reasons for this are discussed in detail below.Finally,in order to combat some of the new terrorist crimes,the author proposes to add some new charges.