Study On Judicial Determination Of Crime Of Preparing To Conduct Terrorist Activities

The provisions of the Criminal Law Amendment(IX)of the People's Republic of China on terrorist crimes generally have the characteristics of early protection of legal protection,expansion of punishment,and severe sanction.Preparing for the crime of terrorist activities was originally a preparatory act for terrorist activities.The Criminal Law Amendment(IX)provides it as a separate offence in the form of legislation.As a new offence of criminal law,the composition of the accomplice.Further analysis and clarification are needed in the identification of the number of crimes.In theory,there is still no consensus on whether to prepare for the implementation of terrorist activities.This paper believes that whether or not there is habitability should also be specifically analyzed.The predatory behavior of this crime must show the nature of the crime from backward development to implementation or even completion.Whether this crime is established or not can not be generalized.It depends on whether the perpetrator automatically renounces the crime and can effectively prevent the crime from happening.After the actor conducts the preparatory act,before the act is not completely completed,due to factors other than the will of the actor,the unsuccessful situation is established,that is,the attempted crime is established.The preparation for the commission of terrorist activities is usually carried out by multiple actors.There are still many problems in applying this provision in judicial practice.In addition to the most common common direct offenses,the common indirect criminals and narrowly defined accomplices(helping and abetting)must pay special attention to the characteristics of their preparatory behavior.When determining the number of crimes of this crime,because the execution of the crime intersects with the preparation behavior of other terrorist activities,there is a co-expedition relationship with the general ordinary crime.Therefore,when determining the number of crimes of this crime,priority should be given.Consider the explicit role of imagining co-expedition,and determine the form of crime according to the perspective of imaginative competition.In dealing with the complicated behaviors of terrorist activities in judicial practice,we must not only seek answers from the criminal lawnorms,but also seek answers from legal principles and legislative purposes,so as to correctly identify criminal behaviors,correctly determine the number of crimes,and ensure the standardization of criminal law.And preventive effects,to achieve justice and rationality of the judiciary.