Research On The Prevention Of The Criminal Legislation Of Anti-terrorism

With the advancement of science and technology,modern society is facing more and more man-made risks,among which terrorist crime is undoubtedly the most serious one.Russian President Vladimir Putin once said that "Russia will never negotiate with terrorists.If terrorists are encountered in the toilets,they will be killed in the toilet." From the side,it reflects the world's position that it will not tolerate terrorism.In addition to strengthening anti-terrorism cooperation in the military and diplomatic fields,all countries in the world have also vigorously promoted the improvement of counter-terrorism legislation in the country.As far as our country is concerned,both the "Criminal Procedure Law",the "Criminal Law Amendment(?)",and the "Anti-Terrorism Law" all make severe responses to terrorist crimes.The characteristics are in the substantive law,a large number of abstract dangerous criminals are set to criminalize a large number of prepositional and external behaviors;Rigorous restrictions on criminal suspects in procedural law;and promulgated a comprehensive legal regulation.It reflects the shift from the classical criminal law to the value of preventive criminal law.In addition to seeing the legitimacy of its appearance,it cannot ignore the hidden risks behind it.Only comprehensive analysis can provide reasonable suggestions to fundamentally solve the problem of counter-terrorism.This article consists of four parts.The first part is an overview of the issue of the shift in the value of anti-terrorism criminal legislation.First,we enumerated the violent and tragic events that have had a major impact in recent years.Then we briefly listed the response of the United States,Britain,and Germany to the increasingly grim terrorist attack situation.Through simple analysis,we found that all countries have adopted a stringent and expanded preventive criminal law value position in the face of terrorist activities.Then,from the provisions of the "Criminal Law Amendment(?)","Criminal Procedure Law" and "Anti-Terrorism Law" on the crime of terrorist activities,our criminal counter-terrorism legislation is also moving toward a preventive value orientation.The second part puts forward the justification for the value orientation of anti-terrorism criminal legislation and the risks that may be implied.The basis of legitimacy is discussed in four aspects:the transformation of state functions,the need for social governance,the call of public opinion,and the weakness of traditional criminal law in the face of terrorist crimes.However,if the power of expansion is not subject to reasonable regulation,it will also result in the risk of infringement of rights.This is also followed by four aspects:the limitation of civil rights,the unbalance of the criminal law system,the possibility of breaking the judicial nature of criminal law,and the blurring of the boundaries between judicial and administrative law.Explain the risks behind the shift in the value of anti-terrorism criminal legislation and hope to attract attention.The third part proposes the possible risks of preventive criminal law from both macroscopic and microscopic aspects.From the macro perspective,we must still adhere to the distinct principle of restraint in traditional criminal law and the criminal policy of combining leniency with severity,and properly introduce the principle of proportionality of administrative law to make reasonable regulations for the prevention of criminal law from the inside.From the micro perspective,it mainly bases itself on specific laws and regulations,starting from clarifying the connotation and extension of related concepts such as terrorism and extremism,and by analyzing the nature of abstract dangerous offenders,how to make reasonable restrictions on the application of abstract dangerous criminals from the penalties of the criminal law and the sentencing circumstances.This will enable preventive criminal legislation to maintain a dynamic balance between freedom and security.The fourth part proposes to solve this problem fundamentally at an early date by improving the relevant provisions of the Criminal Procedure Law and the Anti-Terrorism Law,as well as the comprehensive response to terrorist crimes from a comprehensive social level.