Research On Anti-terrorism And Human Rights Protection

Terrorism is all aspects of basic human rights implementation destroyed or damaged,the fundamental aim of anti-terrorism is to guarantee basic human rights in the process of the prevention and punishment of terrorism,the state will pass legislation to give law enforcement the broader anti-terrorism measures and means,and highly effective against all forms of terrorism,however,terrorism is a double-edged sword,at the same time in the public power of over-expansion,could squeeze and violation of the citizen's basic rights,freedom and create new human rights violation so,in the process of anti-terrorism,how to coordinate the relationship between the maintenance of social security and guarantee basic human rights,how to balance as the national interests of society as a whole and as an individual's personal interests,correctly handle the balance between terrorism and human rights protection into the prevention and punishment of terrorism in the process of a body.The article is divided into five parts The first part is introduction,mainly to the selected topic background research status quo of the research content definition and introduces the purpose and significance of topics,focusing on for the current situation and the current legislative situation on terrorism must be introduced,and the international community,the anti-terrorism situation is also serious in our country,points out that in the process of terrorism to the guarantee of human rights is also worth attention.The body of the first chapter is summary of terrorism and anti-terrorism First of all,through the logic research and normative analysis method to the concept of terrorism are analyzed and defined Then,through the historical research and comparative method,for the international major developed countries and our country on anti-terrorism legislation and to review and summarize the anti-terrorism measures Finally,through the logical analysis,and further concluded that anti-terrorism's ultimate purpose is to guarantee basic human rights.The text in the second chapter is the impact on human rights conflict and the fight against terrorism First,the characteristics of the concept of human rights content and the basic concept of legal protection of general instructions Then,after the Sept.11 in the United States as the main national anti-terrorism legislation and measures,for example,concretely introduces the prevention and punishment of terrorism process pubic power in China might be in terrorist ordinary citizens the right to life of the victim equal rights to privacy Right to due process to obtain the basic human rights violations Finally,by logical deduction method are analyzed in detail on terrorism for human rights abuses reason mainly lies in: order conflict with the value of human rights;The conflict between human rights and sovereignty.The third chapter is to introduce how to strengthen the anti-terrorism coordination and balance and the guarantee of human rights First of all,according to the reality of the anti-terrorism legislation in our country through logic analysis method and normative method to the highlight of our anti-terrorism legislation in terms of human rights protection and the insufficiency in detail in this paper Secondly,in view of our country main counter-terrorist legislation the weak link in the human rights protection,from set up the judicial censorship Improve the system of state compensation and absorb international treaty content three aspects put forward legislative Suggestions Finally,from insists in the legislation and strengthen anti-terrorism master need proportion from the principle of the rule of law principle and fundamental rights may not be the principle to reduce three aspects obtains,to include the fight against terrorism in the rule of law orbit.Conclusion that in our country the current serious anti-terrorism situation,need to learn from experiences and lessons of western counterterrorism,in the process of prevention and punishment of terrorism more anti-terrorism measures at the same time,also to be included in the orbit of rule of law,pay attention to human rights protection.