The Defects And Perfection Of China's Criminal Legislation Against Terrorism

With the development of the times,terrorism has become increasingly serious and has become one of the most dangerous crimes in the world.It has seriously threatened and undermined world peace and stability and hindered the normal development of the world economy.In order to effectively combat and crack down on increasingly serious terrorist crimes,all countries are stepping up legislative steps to review and improve anti-terrorism legislation.This is also in line with the requirements of the anti-terrorist struggle.In recent years,China has also been threatened by terrorist crimes.Based on the real needs of the fight against terrorism,China has strengthened its criminal legislation on terrorism and passed a series of amendments to the Criminal Law.However,due to the complexity and diversity of terrorist crimes,although the Criminal Law Amendment(9)was amended and passed in 2015,there are still some deficiencies in crimes against terrorist activities.By analyzing the relevant provisions of the Criminal Law Amendment(IX)on terrorist crimes and pointing out the inadequacies of China's existing criminal law on the regulation of terrorist activities,this article also proposes suggestions for improving China's criminal legislation against terrorism.The first part elaborates on the background of China's anti-terrorist criminal legislation,mainly analyzing the characteristics and harms of the increasingly rampant terrorist crimes and terrorist crimes in China.At present,as the Islamic religious extremist forces and violent and terrorist forces in East Turkistan have been frequently attacked,the ethnic separatist forces in Xinjiang and the northwest region took the opportunity to combine these two forces.Frequent planning of separatist activities was conducted for unjust purposes.In addition,the links between international terrorist forces and territorial terrorist forces have also become increasingly close.Terrorist criminals have infringed on the expansion of their targets,the diversification of criminal forms,the use of criminal means for civilian use,the professionalization of criminal acts,and the religiousization of criminal purposes,all of which make terrorist crimes Greater social harm.Terrorist crimes pose a great threat to human rights protection and social stability.This has not only seriously damaged the national unity of our country,but also caused an incalculable impact on our social order and the country's stability.The second part interprets the latest legislative amendments to the anti-terrorist criminal legislation.It mainly includes amendments to anti-terrorism legislation in the “Criminal Law Amendment(IX)”.The criminal law of the "Criminal Law Amendment(IX)" against terrorism is characterized by the addition of property penalties to the legislation to crack down on the economic basis of terrorist crimes,and to regulate certain acts of aid and preparation for terrorist crimes.The punishment for terrorist crimes has been intensified,and the criminal law has been broadened to punish terrorist crimes;at the same time,some new crimes relating to terrorist crimes have also been added.These have a positive significance that can not be ignored for punishing terrorist crimes.It also analyzes the legislative value of anti-terrorist criminal legislation in the "Criminal Law Amendment(IX)".First of all,the amendments to the criminal law changed the traditional pattern of crimes and penalties,and included terrorist acts of help and preparedness into the range of penalties that are being committed;they embody the criminal policy of “treat to justice” and do not punish terrorist crimes that are seriously harmful to the society.While reducing and continuing to maintain a high-pressure situation,it also leaves room and space for leniency punishments for crimes that are less harmful to other societies in the criminal law and that have a minor plot,and truly achieves strictness,strictness,and strictness but not strictness;Implementing a "strict precaution" anti-terrorism criminal policy and insisting on a "severe punishment" attitude toward terrorist activities.The strictness of the criminal law network reflects the fact that the state has reduced the political toleration of terrorism crimes and that criminal law is in order and The strengthening of security value protection is more conducive to the prevention and suppression of terrorist crimes;the introduction of the "Criminal Law Amendment(9)" combines property punishment with free punishment and qualifications as a means to crack down on terrorist activities and marks China's anti-terrorism.Criminal legislation has gradually harmonized international anti-terrorism legislation,which in essence has established international conventions.Effective convergence.The third part analyzes the legislative defects of anti-terrorism criminal legislation in the "Criminal Law Amendment(9)".The legislation on terrorist crimes in the "Criminal Law Amendments(IX)" exists such as "the scope of the crackdown will affect the effective protection of human rights," "used the 'abuse of the abstract dangerous criminal' model's inherent drawbacks," and "the existence of additional fines for terrorist crimes." The "defects","difficult concepts that make it difficult to identify crimes," and "the incompetence of criminal law and counter-terrorism law" and other issues.If excessive emphasis is placed on protecting the legitimate rights and interests,it will lead to the criminalization of criminal law and the denial of criminal law,which is inconsistent with the theme of the development of contemporary rule of law.Taking the pre-benefit protection as an example,although it is very important for combating terrorist activities,it also expands the range of crimes and leads to conflicts between public and private interests.The fourth part puts forward sound suggestions for relevant legislative issues.First,the protection of human rights is also emphasized in the fight against crimes.Second,based on the legislative model of “abstract dangerous criminals”,the scope for the establishment of “abstract dangerous criminals” is reasonably limited;the third is to clarify the range of fines and the relationship between fines and freedoms.The fourth is to clearly define the relevant concepts of terrorist crimes;the fifth is to strengthen the effective convergence of criminal law and anti-terrorism law in order to better combat terrorist crimes.