A Study Of Several Issues To "Planning To Implement Terrorist Activity" Crime

With a view to responding the violent terrorist activity and guaranteeing the national security,public safety,property and life security of all citizens,the latest legislation of criminal law,namely Amendments to the Criminal Law XI,intensifies the efforts in penalizing the terrorism crimes and it becomes one of the highlights in this amendment.Prepared perpetration of a terrorist crime is the newly-added item in Article 120 of the Criminal Law,whose nature is defined by whether the prepared crime is carried out or not.The save clause of this crime shall comply with the similar means and principles of interpretation and the judicial rights of discretion shall be exercised to prescribe a limit.Only the save clause stated in Item 1 and Item 4 can be affirmed;The criminal legal interest infringed by this crime refers to the social public security,namely the life and property security of most common people.The preparedness of this crime means that the attempted transgressor prepares weapons,dangerous materials and other similar tools;then the attempted transgressor is subject to make preparations for the terrorist activities.Terrorist activities refer to the violent transgression behaviors through which the attempted transgressor intends to create a fearful and panic social environment.One standard for incrimination of this crime is that the attempted transgressor is characterized with the subject purpose and the apparent political features,which make this crime differ from other violent crimes;and other standard is that the behavior of people who is deceived and beclouded doesn't constitute the crime,but the people who get wholly involved in the violent activity.The difference between this crime and other attempted transgressors who advocate and incite the terrorist activities lies in the fact that the latter ones only prepare some books and videos to spread the terrorist concepts,instead of making preparation for carrying out the terrorist activities;And the difference between this crime and the attempted transgressor hat sponsors the terrorist activities is that the later ones provide materials and capital to the people and organization which organizes the terrorist activity.The objective behaviors of this crime are to prepare weapons and tools,organize trainings and communicate.In terms of the termination of the prepared implementation of terrorist activities,its attempted transgressor makes preparations for the violent activities which jeopardize the public security and foreclose the daily behaviors.The transgressor who terminates the implementation of the violent activity is regarded to renounce the perpetration of a crime subjectively and the danger put on the legal interest is eliminated.And the instigator and the abettor of this crime shall be penalized in accordance with the instigation and assistance behaviors standards.The premise for the complicity constituted in this crime and other terrorist transgressions in Article 120 is that there shall be no less than two people who intend to breach the law and both of them shall be declared guilty according to the role respectively.The person,who carries out several terrorist activities and his behaviors constitute the implicated offense,shall be charged with felony.In case the behavior which leads to the concurrence of this crime and infringement of other people's life and property security and constitutes other crimes,the transgressor shall be penalized in accordance with the heavier offense.The in-depth and theoretical comprehension and analysis of the above problems is not only a further step in the academic research,but the urgent demand for the judicial practices as well.