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The Perfection Of Terrorist Crime Legislation

Posted on:2018-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhouFull Text:PDF
GTID:2346330542488165Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
At present,the crime of terrorism has become a serious impact on peace and development in various regions of the world within the scope of the "cancer".In recent years,some regions of China are showing a high incidence of crime of terrorist activities,frequent upward trend,which is a serious threat to our citizens’personal property security and social stability.The influence of people’s well-being and normal life,causing great social panic.Faced with this situation,China fundamentally to combat terrorist activities crime the most basic is to compensate for the lack of legislation of terrorist crime.Therefore,the use of law enforcement means to punish the increasingly serious terrorist activities,has become the consensus of the whole society.In order to compensate for the lack of anti-terrorism legislation,China has successively promulgated the "criminal law amendment nine" and "People’s Republic of China Anti Terrorism Law,which greatly improve the anti-terrorism legislation system,laid a solid legal foundation for further combat and prevent terrorist crimes.However,China’s anti-terrorism legislation is still insufficient,still need further development.Based on the comprehensive analysis of China’s anti-terrorism legislation on the status of China’s terrorist activities,analyzes the relevant concepts,secondly in reference to foreign terrorist legislation at the same time,combined with the status quo of China’s anti-terrorism on China’s anti-terrorism legislation deficiencies puts forward some suggestions and countermeasures.This paper except the introduction and the epilogue is divided into four parts.The first part is the outline of the crime of terrorist activities.This article first analyzes the concept of crime of terrorist activities,although China has introduced the "Anti-Terrorism Law of the People’s Republic of China" last year,but our country has not made clear the concept of terrorism at the legislative level,so clear this The concept is necessary for us to commit a crime of sincere terrorist activity in judicial practice.Secondly,it analyzes the concept of "terrorist crime" and related crime.Again,to our country introduces the legislation history of terrorism crime,terrorism crime punishment for the first time from 1997 to 2015 in "criminal law amendment nine" to perfect the related behavior of the terrorism crime to our country the first introduced the anti-terrorism act of the general situation and so on a series of legislation,and based on this,advances the terrorism legislation about fighting and punishing the meaning of the terrorism crime.The second part mainly studies the relevant legislation of terrorist activities in foreign countries,and this paper mainly studies several typical countries in the form of anti-terrorism,such as the United States,Russia,Britain and France.And in the course of the study,learn from and learn from the excellent part of its anti-terrorism legislation,as well as our anti-terrorism legislation have got what inspiration.The third part mainly focuses on the current situation of the legislation of terrorist activities in our country.At present,the legislation of crimes against terrorism in our country mainly includes "Criminal Law Amendment Nine","Anti-Terrorism Law","Criminal Procedure Law" and so on.Based on the current situation of legislation on active crime,the author puts forward some problems in the legislation of terrorist activities in our country.Such as the concept of terrorist activities related to the definition of unclear,terrorist activities,a smaller jurisdiction,criminal law with heavy and strict,China’s accession and conclusion of international treaties to be improved.The fourth part mainly put forward the related suggestions on existing problems in the legislation of the crime of terrorist activities,the main contents include:defining the related concepts of the crime of terrorism,terrorist criminal activities to improve the scope of jurisdiction,grasp the terrorism crime criminal punishment,improve the international treaty of localization.The main innovations of this paper include:first,the clear concept of terrorism crime,the concept of terrorism crime in academic circles of our country does not have a uniform definition,therefore,the author studies through the comparison of domestic and foreign scholars put forward the concept of terrorism crime,combined with China’s actual counter-terrorism,put forward the concept of the crime of terrorism.Second,will be included in the crime of terrorist activities related to general terms,such as the second paragraph of article seventeenth of the criminal law,which enriches the relevant provisions in the general provisions of the crime of terrorist activities,to better guide the general provisions of the crime of terrorism.Third,will carry out the principle of combining punishment with Leniency with the crime of terrorism related criminal law,which can not only achieve strict law,also can better prevent beforehand and afterwards.
Keywords/Search Tags:Terrorist Activities Criminal, Lunatic Fringe, Restraining Order
PDF Full Text Request
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