The Study On The Severe Criminal Punishment Trend Reflected In Legilation Concerning The Terrorist Crime

Terrorist crime is becoming increasingly intensive,continually challenging the bottom line of the morality and the law,and the severe situation seriously affects not only the peace and development of the countries around the world but also the stability and happiness of the people's life.Therefore in order to deal with such a situation,all countries have to crack down upon the terrorist crime by the legislation directed by the idea of " Fight small crimes in scale,Fight crimes early,Fight harshly" which reflects the feature of early and severe criminal punishment.Hence following the international trend,the Amendment 9 of Criminal Law of the People's Republic of China and the Anti-Terrorism Law of the People's Republic of China,which increased the related accusations concerning terrorist crimes and adjusted the corresponding statutory punishment,reflects the trend of severe criminal punishment in legislation about the terrorist crimes.However,the term "severe criminal punishment" used in this article does not mean the cruel criminal punishment,for the purpose of protecting the legal interests,maintaining social stability and national security,it refers to the strict regulation in the legislation directed by the idea of " Fight small crimes in scale,Fight crimes early,Fight harshly" used so as to achieve the goal of curbing terrorist crimes.The Amendment 9 of Criminal Law has pushed China's anti-terrorism legislation to a new high,which is mainly embodied in the improvement of the statutory criminal punishment,aiding act as principal offender,and the criminalization of preparatory act in the field of terrorist crime,which have caused a heated discussion among the academic circle.Although many scholars are in favor of the above propositions,there exist some doubts in three aspects,including exceedingly severe criminal punishment in legislation,the contradiction against the theory of joint crime,and the conflict caused between the General Provisions and the Specific Provisions of Criminal Law.In my opinion,it is necessary to choose severe criminal punishment in legislation on terrorist crime in view of the situation that increasingly rampant terrorist crimes in the world and the active organizations such as Eastern Turkistan,some evil organizations seriously threaten the social stability and national security in our country.At the same time,with the establishment of the global village,it is necessary for us to join forces with other countries to fight against the terrorism together.Our country also needs to make adjustments to ensure that our criminal law is geared to the international standards while all countries take severe measures in legislation.In addition,the provisions about the conspiracy crime in the Anglo-American criminal law provide the methodological support for of deeply understanding the severe criminal punishment in legislation on terrorist crime.What's more,legal fiction and abstract potential damage offense also provide a reasonable basis.Therefore,the above concerns among the academic circle are not necessary.However,the severe criminal punishment in legislation on terrorist crime also needs to be controlled within a certain limit,otherwise it will seriously violates the freedom of citizens,brings some defects such as the excessive exaggeration of the criminal circle and cruel criminal punishment in legislation,and severely influences the society and the people's life.As a result,when we are in the pursuit of severe criminal punishment in legislation on terrorist crime in order to promote the maximum protection of legal interests,we should also moderately take severe punishment in legislation and fully measure the value of safety and freedom to make both of them balanced.Besides,we should promote optimal combination between the criminal law and other means of social governance to make the legislation scientific and reasonable.Furthermore,the judiciary must precisely master the standard of judgment and punishment concerning the preparatory behavior before the preparatory act,the preparatory act's aiding behavior,the preparatory behavior before the aiding act and the aiding act's aiding behavior.Only in this way,can our legislation system be improved,can the development of our judicial practice be promoted,can the foundation and protection for the fight against terrorism be provided,can the peaceful,stable and happy environment for human development be provided.