A Study On The Criminal Legislation And Judicial Determination Of Terrorist Activities In China

As a "tumor" attached to the social organism,the crime of terrorism has been escalating along with the progress of the society,showing new characteristics and new directions,and posing a new threat to the society.Especially,Xinjiang is the main area of terrorism.High incidence,serious impact on China’s social and economic development,people’s lives and property,threatening national security,peace and stability.At this point,terrorist activities criminal legislation put forward new demands.Based on the criminal legislation of terrorist activities,this paper analyzes the characteristics,causes and trends of terrorist activities,and analyzes the inherent value of the regulation of terrorist activities in the light of the development of criminal legislation in China.In addition,this article discusses the plight of the judicial cognizance,and makes a comparative analysis of the legal elements of the regulation of terrorist activities abroad,and puts forward some useful suggestions in the light of the actual situation of China’s counter-terrorism.This paper is divided into five parts.The first part is the summary of the crime of terrorism.This part mainly elaborates the related concepts of terrorist crimes,the characteristics of terrorist crimes and the trend of evolution.The second part is about criminal legislation of terrorism and its judicature.From the angle of criminal law legislation and judicial cognizance,we study the crime of terrorism.From the first time in 1997,China began to organize,lead and participate in the criminal code of criminal organization,comb the history of terrorist crime,master criminal law.Its regulatory context,with a view to improving the applicability of criminal law in judicial practice.In the third part,the author discusses the difficult problem of judging the crime of terrorism.The author points out that the main predicament of the current judicial affirmation of terrorist activities is the analysis of the various situations of terrorist activities from the angle of reality,the constitutive elements,the forms of crime,the common crime and the definition of the crime.In the judicial practice,how to correctly define the crime of terrorist activity is the basis for effectively combating the crime of terrorist activities.There are many different kinds of crimes,such as the crime of terrorism,the complex political demands,the interlocking interests chain,the multi-participation,the complication and the criminal means.The fourth part,the extraterritorial terrorism criminal legislation and experience for reference.It is of great significance to improve the legal system of anti-terrorism in China by comparing the legislative measures of the civil law system and the Anglo-American law system to regulate the criminal activities of terrorist activities.In the fifth part,the criminal law perfect way of terrorism crime is its counter-terrorism countermeasure.It is proposed to perfect the establishment of criminal charges,improve the provisions of the Criminal Procedure Law on anti-terrorism,strengthen the connection between criminal law and anti-terrorism law,construct the anti-terrorism financing mechanism,control the terrorist crimes from the source and strengthen the international anti-Cooperation and other recommendations.