Research On Criminal Legislation Of Punishing Terrorist Crimes In China In The New Period

At present,terrorist crimes are like a "cancer" that has seriously affected the peace and development of the world.Since the 21 st century,terrorist crimes in various countries in the world have shown an upward trend.China is no exception.Terrorist crimes are spreading,especially in the western part of China.This poses a serious threat to the personal and property safety of Chinese citizens.It has also caused great panic to the society.At the same time,the stability of the country and the unity of the nation are also facing enormous challenges.In order to cope with such a severe anti-terrorism situation,China is seeking a model and means to combat terrorism crimes,and the rule of law against terrorism has become the consensus of the whole society.In order to fundamentally combat terrorist crimes,it is necessary to improve the legislation on terrorist crimes,especially to strengthen criminal legislation against terrorism.With the advent of the human destiny community and the overall national security concept,our country attaches more importance to its own construction,combating terrorist crimes,and maintaining peace and stability in the country is not only the responsibility of the people,but also China's contribution to the world.In 2013,China put forward the important strategy of “One Belt,One Road”,which involves the interests of most countries such as Central Asia,the Middle East,South Asia and Southeast Asia.However,terrorist organizations have long been entrenched in these areas,which not only threatens China's safety but also affects To achieve the "One Belt,One Road" strategy.In 2015,China passed the Criminal Law Amendment(IX)and the Anti-Terrorism Law.Although it further compensated for the inadequacy of anti-terrorism legislation,it also greatly improved our anti-terrorism legislation system.In the new situation of the new era,the means and methods of terrorist crimes are diversified.Obviously,China's anti-terrorism legislation still has great deficiencies and needs further revision and improvement.This article comprehensively sorts out the status of China's anti-terrorism legislation,analyzes the content of the terrorism of the Criminal Law Amendment(IX),and explores the criminal legislation of foreign terrorism,and proposes relevant countermeasures for the defects of China's anti-terrorism legislation.In addition to the introduction and conclusion,the body of this article is divided into four parts.The first part is mainly an overview of the concept of terrorist crime.Clarifying the conceptof terrorist crime is crucial to our country's anti-terrorism judicial practice.At present,China's criminal law does not have a clear concept of terrorist crimes at the legislative level.Although China has promulgated the Anti-Terrorism Law in 2015,it regulates the concepts of “terrorism”and “extremism”.The criminal practice cited in anti-terrorism needs to be studied.The article first analyzes the definition of the concept of terrorist crimes at home and abroad,followed by sorting out the current criminal legislation model of terrorist crimes,and preparing for the specific investigation of national counter-terrorism legislation.The second part mainly analyzes the status quo and defects of criminal legislation of terrorist crimes in China.Since the first sentence of terrorist crimes in 1997,China has been strengthening criminal legislation against terrorism.The Criminal Law Amendment(IX)adopted in 2015 further improved the relevant provisions on terrorist crimes.The article first introduces the criminal legislation evolution of terrorism crimes in China,and further analyzes the content of terrorism in the Criminal Law Amendment(IX).Based on the analysis of the legislative status of terrorism crimes,it points out the existence of terrorism criminal legislation in China.Some of the problems,such as the unscientific legislative model,the unclear definition of the relevant concepts of terrorist crimes,and the unreasonable setting of crimes,provide the basis for the following proposals for improving criminal legislation on terrorism.The third part is mainly to investigate the criminal legislation of terrorist crimes in extraterritorial countries.Compared with China,the anti-terrorism legislation of many countries in the world started earlier and the content is relatively perfect,which is worthy of investigation in China.This paper mainly studies France,the United States,Russia,and Japan,which are typical of anti-terrorism legislation,and summarizes the advanced experience of anti-terrorism legislation and the enlightenment to China's anti-terrorism legislation.Through learning and learning,we can further improve China's terrorism in the new era.Criminal criminal legislation.The fourth part mainly proposes relevant and perfect ideas on the problems existing in the legislation of terrorist crimes.Knowing what and why,we must solve the problem.The perfect content proposed in this paper mainly includes adopting the scientific legislative model,perfecting the anti-terrorism legal system,scientifically setting the crimes of terrorist crimes,improving the criminal legislation of terrorist crimes,improving the connection between domestic legislation and international treaties,etc.,and striving to counter the anti-terrorism criminals in the new era.The improvement of legislation is beneficial.The main innovations of this paper are as follows: First,through a comparative study of the definitions of terrorist crimes by domestic and foreign scholars,and combining with the reality of China's anti-terrorism,try to put forward the concept of terrorist crimes,and propose to stipulate them in criminal law in the future legislation.Among them.Second,it is recommendedto establish a special section in the criminal law to regulate terrorist crimes,and to improve related crimes and penalties,especially to regulate new forms of crime such as cyber-terrorism crimes.Third,to investigate the anti-terrorism legislation abroad,sum up the experience that can be borrowed,and at the same time suggest that in the new era,China should pay attention to the connection with other departments' laws and international treaties when perfecting the criminal law.Fourth,improve the criminal legislation policy of terrorist crimes,and truly achieve leniency and strictness.Most of the terrorist crimes in China occur in ethnic autonomous areas.It is recommended to strengthen local anti-terrorism legislation so that it can be linked to criminal law and better prevent and punish terrorist crimes.