A Study On The Development And Improvement Of Anti-terrorism Crime Legislation In China

Since the "9.11" incident in the United States,terrorist crime has been a difficult problem,he is for all countries,and even the entire international community peace and security are a serious threat.As the terrorist crime in recent years has been to enhance the integration of localization and globalization of the trend,the means of crime is diverse,wide range,so how to punish such crimes through criminal law has become a major issue facing the world today.At present,China’s terrorist threat is mainly from the "East Turkistan","Tibet independence","Xinjiang independence"and other terrorist forces,personal terrorist crime also will gradually rise,resulting in huge personal injury and property damage,and even threaten the safety of the country with stability.In response to terrorist crimes,our government has constantly revised and improved criminal law,but also promulgated the relevant anti-terrorism sector law,so that the two complement each other to become a preliminary anti-terrorism legislation system.However,the research on terrorist crime in our country started late and the development was slow.In the criminal legislation of punishing terrorist crime,there were many deficiencies such as the weak foundation of crime and the establishment of criminal punishment.In order to establish a scientific and complete criminal legislation system to punish terrorist crimes,it is necessary to study the actual situation,basic theory and practical experience of anti-terrorism law in other countries by making effective prevention and control of terrorist crimes through criminal means.China’s Criminal Law on Punishing Terrorist Crime and Providing Theoretical Support.This article is divided into four parts.The first part defines the concept,mainly the definition of the two concepts of terrorism and terrorist crime.For the two concepts mentioned above,the academic community has always been controversial,mainly whether it includes political,whether the object is limited to civilians,whether the need for specific ideology to drive and whether the main body only includes four aspects of terrorist organizations.After analyzing the elements of the dispute,combined with a more common view,to terrorism,"terrorism is the use of violence or threat of violence and other means,intended to cause life,property damage,enhance the impact,so as to create a climate of terror in order to produce society Terrorist minds of thought and behavior".For terrorist crimes,after analyzing the different views,it is defined as "any organization or individual to take violence or threat of violence,to create social panic for the purpose of,or intended to cause casualties,major property damage,social order chaos Serious harm,in accordance with the provisions of criminal law,should be punished punishment behavior.In addition,after analyzing,summing up the global and local coexistence of international terrorist crime,the complexity of criminal subject,the different characteristics of criminal means,and analyze the trend and characteristics of terrorist crime in China,to provide a logical starting point for the study of criminal legislation against terrorism.The second part is the study of legislation on terrorist crime in our country.China’s legislation on terrorist crime started late,is a process from scratch.This part focuses on the process of legislation on terrorism and the current types of legislation,including substantive law,procedural law and specialized law.At the same time,it focuses on the analysis and revision of the provisions of the Criminal Law Amendment(9)on the crime of terrorist crimes,examining the characteristics of the crime of helping the guilty of committing the crime,preparing the accomplishment and constituting the elements,and the content of the anti-And the "Anti-Terrorism Law of the People’s Republic of China".The third part is a summary of the anti-terrorism legislation of the international community.This section summarizes the internal laws of the more typical countries in foreign countries,including the decentralized,special and compound three legislative models;the crime of terrorist acts,the crime of terrorist organizations and the crime of financing,special crimes and crimes of terrorist crimes These two aspects of the crime of anti-terrorism legislation are relatively early in Germany,Russia,the United Kingdom,France and the United States of America,the United States,the United States,the United States,the United States,the United States,the United States,the United States,the United States,Five countries focus on the study,from which to learn from the lessons of legislation.The fourth part is to summarize the legislative revelation of anti-terrorism crimes in other countries,so as to study the perfection of criminal law in China to punish terrorist crimes.On the basis of summarizing the advantages of the international community’s anti-terrorism crime legislation,we can put forward the concept of criminal and terrorist crimes,such as concept,criminal jurisdiction,chapter setting and penalty setting,from the point of view of general rule and sub-Define,expand jurisdiction,set up special circumstances for terrorist crimes,improve penalties and other recommendations.