| Terrorist financing crime and the ever-increasing and global terrorist crime are inextricably linked.Terrorist financing did not attract enough attention in its early stages of development and,as a result,there is a lack of legal regulation.At present,the main function of anti-money laundering and anti-terrorist financing in our country is the People’s Bank of China.The major legal documents are the laws and regulations promulgated by the People’s Bank of China.Among them,the Measures for the Management of Renminbi Large and Suspicious Payment Transactions and the " And Measures for the Administration of Report on Transaction of Suspicious Foreign Exchange Funds " play an important role in China’s anti-terrorist financing practice.However,our country’s criminal legislation system for crimes of terrorism financing has not been perfect yet.The "Criminal Law Amendment(III)" adopted in 2001 added for the first time 120 articles in the crime of endangering public safety under the "Criminal Law" : the crime of financing terrorist activities.In recent years,China has stepped up its efforts in the prevention and control of terrorist crimes.As far as criminal legislation is concerned,Articles 5-7 of the "Criminal Law Amendment(IX)" are all about the creation and modification of terrorist crimes.Among them,the sixth item is the amendment to Article 120 of the Criminal Law,that is,the relevant provisions on the crime of terrorist financing.In 2015,China promulgated the Supplementary Provisions(6)on the Implementation of the Penalties for the Criminal Law of the People’s Republic of China(No.6),setting the guilt of article 120 of the Criminal Law as the crime of assisting in terrorist activities.In the current criminal legislation system,terrorist financing crime is a conceptual category under the general crime of helping terrorist activities,and has not been treated “differently”.The primary problem faced by the criminal legislation on terrorism financing in China is that the definition of terrorist financing is unclear.This directly results in the one-sidedness of the terrorist financing regulations and the vagueness of criminal identification.In the first part of the overview,this article first clarifies relevant concepts such as terrorism and terrorist activity organizations.Based on this,the definition of terrorist financing crime is based on the International Convention for the Suppression of the Financing of Terrorists,which specifically analyzes the The four types of acts of terrorist financing crimes listed in the Convention,combined with the definition of terrorist financing crimes at the international criminal law level,consider that there are mainly two ways to raise and transfer funds for this crime.China’s criminal legislation mainly tends to regulate the behavior of “financing” in “raising funds”.There is no regulation of other ways of raising funds and transfer of funds.This requires that criminal legislation be clearly defined as terrorism.The transfer of funds is punishable.How to improve China’s anti-terrorism criminal legislation is the main point of this article.The premise of perfecting criminal legislation is to comprehensively analyze and analyze the current criminal legislation.This article analyzes the criminal legislation and the legislative orientation of Article 120 of the Criminal Law,the Anti-Terrorism Law and the Anti-Money Laundering Law.Make a point.This article believes that the crime of one of the 120 th articles of China’s "Criminal Law" should be revised to the crime of terrorist financing,and it should be independently placed in Article 120 of the "Criminal Law" in the first chapter of the Criminal Law to endanger national security.The point of this paper is that although using “help” can comprehensively summarize the criminal content of current Article 120(2)of the Criminal Law,for the three main acts regulated by one of Article 120,the use of “financing” in the offense "Or help" is not exactly accurate and comprehensive.In addition,one of Article 120 of the Criminal Law and other laws,such as the Anti-Terrorism Law,appear to have obvious problems such as inconsistency in charges for terrorist financing crimes,and should be adjusted in criminal legislation in a timely manner..In addition,this article also discusses how to stipulate the subject of crime to better solve the problem of crime in judicial practice under this kind of legislation mode.Due to the lack of procedural legislation on counter-terrorism financing in China,this article also discusses how to improve and refine the relevant provisions of China’s "Criminal Procedure Law" on the basis of existing legislation.It is true that the criminal legislation’s role in punishing terrorist financing crimes should not be underestimated.However,there is still a need to build a diversified and comprehensive anti-terrorist financing system for the prevention and prevention of terrorist financing.On the basis of comprehensively introducing other laws and regulations on anti-terrorism financing,this article also puts forward suggestions for the construction of China’s pluralistic counter-terrorism financing framework: trying to find effective ways in criminal lawsuit,financial control,international cooperation,and so on,and jointly crack down on counter-terrorism.Financing crime. |
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