The Criminalization Of Preparatory Act Of Terrorism

Terrorism crime preparatory behavior,that is,puts the concept of terrorist crime preparatory acts into the criminal law as a crime,and supported by legal punishment.Realizing the implement of preparatory act of terrorist crime in order to replace the previous general,sub-combination to the completion of the crime through the form of penalties for punishment,is an important pre-punishment performance.In the face of the political complexity of China's terrorist crime,serious violence and global characteristics,with the concept of China's criminal law from the restrictions to the expansion,the preparatory prisoners from the general to the individual,China's "Criminal Law Amendment(?)" carried out the class legislation.The crime of preparatory terrorist acts is anti-ethical and social harm,and its criminals are personal risk.Therefore,the implementation of terrorist acts is reasonable.At the same time,the implementation of terrorist acts is also the risk of contemporary terrorism,The implementation of China's anti-terrorism security policy to address the specific issues of anti-terrorism requirements,and therefore necessary.Of course,the implementation of terrorist acts is symbol of the apparent expansion of public power,and therefore it must be based on the basic principles of criminal law restrictions.Based on the principle of legality and punishment,the conviction must be limited to the subjective and objective elements set within the scope of the set,the sentencing is limited to statutory punishment,and should follow the principle of punishment from the old and light;based on the principle of balance of crime,It is necessary to set up a strict legal punishment and punishment interval in the legislation,distinguish the punishment of the statutorystatutory sentencing circumstances,and then in the judicial basis of the statutory circumstances based on the behavior of the objective harm and subjective vicious distinction;based on the principle of criminal law,The conditions for the criminalization of terrorist acts should be confined to the existing administrative legal norms recognized as illegal and constitute the perpetrators of criminal responsibility under the criminal responsibility of the act,and set aside the necessary space to distinguish between ordinary law and crime.