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The Criminal Law's Legislation Dilemma And Its Countermeasures In The Field Of Anti-terrorism Crime

Posted on:2021-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330623978214Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In today's world,with the frequent occurrence of terrorist crimes,the world development trend of peace and development is constantly negatively affected.From the "9.11" incident in the United States,to the "7.05" incident in Urumqi,to the "3.01" incident in Kunming railway station,terrorism has been developing and spreading all over the world.This paper analyzes and studies the Legislation dilemma and Countermeasures of criminal law in the field of terrorism crime from three aspects.First of all,it comprehensively expounds the overview of terrorism and terrorist crime,defines the concept of terrorism and terrorist crime,clarifies the deep meaning of terrorism and terrorist crime at the basic concept level,and analyzes the current situation and development trend of terrorist crime.By combining the three main legislative models of terrorism crime,this paper provides a theoretical basis for the analysis of the legislative status and difficulties of anti-terrorism crime in China.Secondly,it analyzes the current situation of anti-terrorism crime in our country from two aspects: the current situation of legislation and the dilemma of Legislation.On the basis of summarizing the basic theory and the actual situation of legislation,it analyzes the specific legislative dilemma in the field of anti-terrorism crime in our criminal law.Finally,in view of the legislative problems existing in the field of anti-terrorism crime in China's criminal law,the corresponding countermeasures are given,which are discussed from four aspects: clear concept,legislative model,crime and punishment setting and legal system.At present,the study of criminal law in the field of anti-terrorism is relatively perfect.However,due to the late time of being harmed by terrorist crimes,compared with western countries,China has only begun to study the field of terrorism in recent years.Therefore,there is still some research space in some theories related to terrorist crimes in China.From 1997,our country first regulated the terrorism crime,to the amendment(9)of criminal law,to the terrorism crime,and then to 2015,our country formally promulgated the anti-terrorism law.It can be seen that the research and regulations of anti-terrorism crime in China are constantly showing the trend of systematization,standardization and rationalization.In addition,with the continuous accumulation of judicial practice experience of anti-terrorism crime in China,the judicial activities related to anti-terrorism crime have developed more and more mature.Through the study of the Legislation difficulties and Countermeasures of criminal law in the field of anti-terrorism crime,it is not only beneficial to enrich the content of criminal law in the field of anti-terrorism crime in China in theory,but also to improve the legal system of anti-terrorism crime in China.Meanwhile,it also helps to coordinate the relationship between criminal law and other relevant laws on the content of anti-terrorism crimes.Moreover,in practice,it is not only helpful to strengthen the research on the legislative status and problems in the field of anti-terrorism crime in our criminal law,strengthen the judicial practice in the field of anti-terrorism crime in our country,but also helpful to improve the judicial procedures in related fields.Therefore,both in theory and practice are conducive to the improvement and development of China's criminal law in the field of anti-terrorism.
Keywords/Search Tags:Criminal law, Anti-terrorism Law, Terrorism Crime
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