Rescreach On The Border Of The Preventive Anti-terrorism Criminal Law Legisilation

In order to cope with the spread of the epidemic of terrorism and protect modern social civilization from the violence of terrorism,countries hope to use penalty,which is the most stringent sanctions in the field of law,to suppress the damage of terrorism,and expand the scope of regulation of criminal law.Anti-terrorism criminal law legislation reflects the preventive characteristics of pre-regulation,and China is no exception.In recent years,China's preventive anti-terrorism criminal law legislation has gradually expanded,especially the promulgation of the "Criminal Law Amendment(9)",which has set up a number of charges related to terrorism,showing the characteristics of the expansion of preventive legislation of criminal law protection ahead of schedule and punishment severity.Preventive legislation,guided by the prevention of infringement of legal interests beforehand,has impacted the traditional criminal law concept and has certain hidden dangers of the rule of law.The purpose of this paper is to analyze the legitimacy,danger and control of preventive anti-terrorism criminal law legislation from the perspective of the Preventive Characteristics of China's anti-terrorism criminal law legislation.The article is divided into three parts.The first part mainly introduces the basic theory and expansion performance of preventive criminal law legislation.This paper mainly introduces the concept of preventive legislation and the expansion of preventive legislation in China's anti-terrorism criminal law.Preventive legislation refers to the criminal law legislation which regards prevention as the dominant logic and characteristic attribute.In order to prevent the consequences of infringement of specific legal interests,the act before actual infringement is stipulated as a criminal law legislation phenomenon.Preventive anti-terrorism criminal law legislation is to combat terrorist crimes and prevent the consequences of infringement of legal interests of terrorist crimes,and to stipulate the acts before actual infringement as criminal law legislation phenomenon.The expansion of preventive anti-terrorism criminal law legislation means that more pre-terrorist acts are included in the criminal law.The legislative expansion of preventive anti-terrorism criminal law is the legislative trend of every country.The expansion of the preventive anti-terrorism criminal law not only has the social reasons for the risk of modernization of terrorism and people's security demands,but also has the theoretical support of criminal policy science,security values,functionalist criminal law concept and positive general prevention theory.The expansion of China's preventive anti-terrorism criminal law legislation is mainly manifested in the concept of preventive anti-terrorism legislation,the pre-positioning of anti-terrorism criminal law protection,and the severity of penalties.The second part mainly introduces the potential dangers caused by the expansion of preventive anti-terrorism criminal law legislation.First of all,it will impact the modest idea and the principle of protecting interests as the traditional criminal law,which are the important principles of restricting criminal law and safeguarding civil liberties in traditional criminal law;secondly,the expansion of preventive anti-terrorism criminal law legislation may lead to the phenomenon that criminal law is regarded as a tool of political response,resulting in symbolic legislation;resulting in the complexity of the volume of criminal law,leading to the phenomenon of over-criminalization;secondly,the expansion of preventive anti-terrorism criminal law legislation may lead to It will lead to the damage of penalty function.Therefore,it is necessary to restrict the legislation of preventive anti-terrorism criminal law and delimit the border of legislation.The third part mainly introduces how to delimit the border of criminal law legislation of preventive anti-terrorism.On the macro level,we should consider the inheritance and application of the concept of modesty in criminal law,modesty is the proper character of criminal law,and preventive legislation should still be guided by the concept of modesty;secondly,criminal law legislation should be regulated by the principle of constitutional proportionality,and criminal law legislation violating the principle of proportionality must be an unconstitutional act of excessive embezzlement of civil liberty;lastly,criminal law should be regarded as a tool of social control.At the same time,we should avoid the criminal law as a tool of symbolic response and correct the alienation of instrumentalism.On the micro level,preventive legislation should first take the danger of infringement of legal interests as the limit of conviction,adhere to the task of protecting legal interests of criminal law,and can not bring dangerous acts into the scope of criminal law without restriction for the purpose of prevention;secondly,put forward specific boundary of conviction for different types of acts.In order to achieve the preventive effect while guaranteeing civil liberty,we should restrict the criminalization of preparatory acts,helping acts and other related acts from both subjective and objective aspects.Finally,in the penalty setting,we should pay attention to the fact that most of the preventive legislative regulations are innocuous acts,and the penalty setting should be lenient scientifically so as to ensure the internal balance of crime and punishment and achieve the preventive effect of penalty.