Research On Legislation And Judicial Application Of Early Criminalization In Terrorism Crime Cases

The Ninth Amendment to the Criminal Law of PRC(hereinafter referred to as the <criminal repair nine >)of terrorist crimes amendment showing the characteristics of forward.The provisions on the crime of terrorism in general,the protection of law related activities in advance,only produce the abstract danger,will be defined as criminal.To help crime and preparation of cross elements.Compared with <criminal repair nine >,the legislation has been forward,it is necessary to increase efforts to crack down on terrorist crimes,but also forward there is a risk of human rights violations,should strictly limit the interpretation in the application.This paper enumerates the forward criminal legislation of crime of terrorist activities outside the domain of the specific expression and application the relevant provisions.This paper argues that the limit explanation appeared on the<criminal repair nine >.The strict definition of terrorist activities such as training,extremism,terrorism,clothing,and the related concepts of identity,the modified terrorism charges apply restrictions to be fully explained,the protection of human rights and freedom.The first chapter of this paper describes the criminal terrorist activities in China and the standard of legislative trends,the punishment about <criminal repair nine > in the criminal legislation and legislative trend of performance specification,comparison of legislation tendency and draws the conclusion: it is necessary of legislation forward,and the risk of human rights violations,should be strictly limited explain when applicable.The second chapter elaborates the embodiment and application of criminal legislation of the crime of terrorism forward.The third chapter defines the related concepts and restrictions to explain to the terrorist activities crime.The fourth chapter discusses the extension of application of <criminal repair nine >.