Research On Preparation Behaviors Of Terrorism Crime

After 9.11,There is increasing evidence of terrorism being planned on a wider international front than before.In Amendment(IX)to the Criminal Law of the People's Republic of China,five articles are added after Article 120 of the Criminal Law,New offenses in relation to preparation for terrorism,advocates terrorism or extremism or instigates terrorist activities were included.The terrorist crimes prescribed under the Amendment(IX)to the Criminal Law of PRC can be generally characterized as protecting the legal interests at an earlier stage,expanding the punishment to a larger scope and levying the punishment to a harsher extent.For instance of One of Article 120 of the Criminal Law,the newly added paragraph,thus all the act of preparatory which fulfill these two paragraphs must be considered as the principal.In the present international climate of general terrorist threat this provision is proportionate and necessary.This legislative phenomenon can be called as “regarding preparatory act as principal offender”.The first part,distinguish objective and subject approaches,then figure out the differences between Erfokgsunwert and Handlungsunwert.In sum,the objective approach should be applied to define the way to punish the preparatory acts of terrorists.Second,base on the special characteristic of terrorism offenses,it is necessary to achieve the protection in advance.The second and third parts,try to define Advocating terrorism and inciting terrorist activity,since both are important incentive for the terrorist crime occurred,the key points are how to define and restrain the criminalization of preparation acts of terrorism-related acts.From the perspective of violation of law,the key point is to define the purpose of preparatory terrorism offenses;From the responsibility perspective,the intent is the crucial issue.The last part,there are cross constitutions between different terrorist crimes,whether they should be interpreted as overlap of articles of law or be considered as the imaginative joiner of offenses,try to clarify which rule should be applied,and to achieve the purpose of the prevention of terrorist crimes.