| Although the terrorism crime has been one of the major crimes combated by various countries in the world,there is still a dispute about the concept of the crime no matter on theories or legislation.In consideration of the new characteristics and tendencies of China’s terrorism crime,China has revised and perfected terrorism crime in amending criminal law repeatedly.As one type of crime in criminal law theory,potential damage offense is conducive to the intervention of criminal law,so that preventing the irretrievable effects caused by abstract dangerous behavior and founding an appropriate theoretical basis and realistic basis for the expansion of criminal law.As one type of abstract potential damage offense,the appropriate expansion of terrorism crime in China’s criminal law has realized the forms of regarding aiding act as principal offender,regarding preparatory act as actualization,and regarding possession act as acting.Meanwhile,the appropriate expansion of criminal law meets with the needs of social governance forms.On the basis of adequate studies involving various terrorism forms,through expanding the form of abstract potential damage offense properly,China should constantly improve the system of terrorism crime from the two aspects of the general provisions of criminal law and the specific provisions of criminal law,so that criminal law could play a better role on fighting against the terrorism act at home and abroad,and realize the value of maintaining social stability.There are four parts in this paper.The first part is about introduction.This part mainly states that the current situation of terrorism.It summarizes the situation of fighting against terrorism at home and abroad.The second part is about the summary of terrorism crime.Firstly,on the basis of introducing the dispute of different concepts of terrorism crime,from the two argumentative issues of subjective aspect and objective aspect,the author of this paper makes the definition of terrorism crime as the act that taking the violent means or the means relating with the violent means,through the ways of causing personal injury,property damage,and social disruption,to be intent to create public scare that threatening state security and damaging public security severely.Then the author focuses on the analysis of terrorism crime characteristics form the aspect of subjects,purposes,and means.Thirdly,the author introduces the development trend and features of terrorism crime in China.At last,the author analyzes the four steps of regarding terrorism crime as criminal proceedings initially,fully investigation,in-depth investigation,and enriching the data of the investigation.The third part is about investigating abstract potential damage offense and terrorism crime dialectically.Firstly,this part states the introduction of the concept of potential damage offense,and the theoretical basis and realistic basis of crime affirmation and its extension.Then it argues the positive significance and deficiency of the three forms of abstract potential damage offense in the existing terrorism crime,namely the forms of regarding aiding act as principal offender,regarding preparatory act as actualization,and regarding possession act as acting.The fourth part states that in the view of abstract potential damage offense,the moderate perfection of terrorism crime.Firstly,this part states the opinion of abstract potential damage offense in China’s criminal law that should have a further expansion.Then from the two aspects of the general provisions of criminal law and the specific provisions of criminal law,this part argues that how to make further improvement of the legislation of terrorism crime under the guidance of abstract potential damage offense theory. |