The Analysis On The Legislation Of The Amendment To Criminal Law(Nine)

Terrorist crime is a serious violent criminal crime with the nature of terrorism,which has great harm to the country and society.The "criminal law amendment(nine)to the revision of the terrorism crime,is based on the international terrorism crime appeared in the new situation,new feature and is affected by this domestic terrorism crime also presents the new development situation and with the development of the international anti-terrorism legislation and international anti-terrorism cooperation to strengthen the background.In content,amendment based on of terrorism crimes stipulated in the penal code and on the basis of the original of the terrorism crime it has carried on the modification and supplement,adding several new charges and property punishment,which makes each link is associated with terrorism crime behavior into the scope of the rules of criminal law.The penalty structure was further optimized,building up the prevention and punishment of terrorism crime solid legal defense.At the same time,the criminal law amendment(nine)also exists in legislation of terrorism crime punishment disposition too forward,lead to improper expansion of the criminal circle of undeserved.It caused the maintenance value conflicts between public interests and personal interests.In the choice of the legislative model,the previous criminal code has kept the mode of distributing provisions on terrorist activities,which makes the legislation of anti-terrorism criminal law lack certain systematism.The lack of conformity with the international counter-terrorism convention is also a problem in legislation.In order to make the future about terrorism crime legislation more scientific and perfect and to combat and prevent terrorism crime with the unity of the legal effect and social effect,the amendment of criminal law must establish moderate crime concept,reference and learn foreign advanced and mature legislative experiences,and according to the need of the fight against terrorism in China,the selection of appropriate conforms to own the legislative mode of legal culture tradition,and gradually achieve effective connection with the international anti-terrorism conventions.