Expanding The Protection Function Of Legal Interest Of Chinese Criminal Law Under The Background Of "Migration" Risk

The act of "migration" mainly refers to the cross national border(frontier)act and a series of related terrorist crimes that are carried out for the purpose of using the original intention of migration to commit terrorism.In the international context of increasingly intensified terrorist crimes,China's anti-terrorism criminal law has also taken a series of measures to expand the function of protecting the legal interest of the criminal law,such as the preposition of protecting the legal interest of the criminal law,the expansion of the scope of the crime,and the severity of the criminal punishment,in order to cope with the severe situation of the anti-terrorist struggle and the public's expectation of the rule of law against terrorism.However,with the emergence of "migration" behavior,the current terrorist crimes present a situation of multiple changes,serious consequences of infringement,and difficulty in prevention and control of risks,revealing that China's anti-terrorism criminal law is still improving and improving in accurate identification of terrorists,effective prevention of terrorist crimes,and severe criminal punishment.Investigate its reason,our country criminal law against terrorism is subject to the influence of the traditional concept of the rule of law,legislators seem to be in good protection function and the function of the ensured human rights value orientation on the choice of indecision,lead to cannot be "migration" and associated behavior and to illegally cross the national border(frontier),etc.apart from the ordinary crime effectively,the judicial effect is not very ideal.Therefore,in order to respond to the needs of reality and strengthen the theoretical guidance,China's legal theory and practice should emphasize the expansion of the protection function of criminal law's legal interest in the field of anti-terrorism.This move not only provides the legal basis for the concept of risk criminal law,the dualism position of behavior without value,and the criminal law theory of the enemy,but also conforms to the trend of international anti-terrorist legislation and China's criminal policy of "strike hard and put high pressure" on terrorist activities.On the specific path of legal interest protection function expansion,we can start from two aspects: legislative path and judicial path.In terms of the legislative path,first of all,special section and special crime can be added for violent and terrorist activities to carry out precise strike;Second,additional placement education,life imprisonment and other security measures to prevent and control violent and terrorist personnel;Finally,increase the legal punishment,increase the penalty,when the realization of punishment crime.In terms of the judicial path,a clear implementation "migration",the "foreign terrorist fighters" standard of terrorists,such as the "administrative recognition and judicial review" accurate model to identify,at the same time increase the placement for education,in order to achieve the criminal law safeguard national security,social order and public welfare value target.