Research On The Rule Of Law In Counter-terrorism In China

China's anti-terrorism legislation is still in its infancy.The system and complete anti-terrorism legal system is the cornerstone to deal with the complexity of anti-terrorism work,the severity of social defense and the multi-faceted international globalization trend.This paper starts with tracing the source of terrorism analyzes and combs the development process of terrorism to make a comprehensive understanding of the current status of terrorism development in China from the perspective of historical background.At the same time,it analyzes the development and current situation of China's anti-terrorism legal system,understands the changes in China's anti-terrorism legislation pattern and the problems of current anti-terrorism legislation from a historical background perspective,clarifies the necessity of improving anti-terrorism legislation.On this basis,based on China's existing anti-terrorism legal system,it explores a series of issues in three aspects: basic concept definition,substantial law and procedural law in anti-terrorism field.Found the following problems in anti-terrorism legislation:(1)The basic concepts are unclear.(2)The legal provisions in the field of anti-terrorism substantial law have gaps and poor connectivity.(3)In the field of anti-terrorism procedural law,the identification of the main body of the terrorist act and the identification procedure are chaotic,the administrative and investigative powers are confused,and the procedure independence is poor.Finally,through combing and summarizing the mature legislative model outside the region,and combining local reality,it is believed that China's anti-terrorism legislation can be improved from the following aspects:(1)Strictly abide by the behavioral theory of objective criminal law and expand the basic concepts in combination with practice,and cover specific case situations from the legal and scientific extension of the legal provisions.(2)Clear the power boundary between administrative law and criminal substantial law,resolve legislative jurisdiction specific conflicts,strictly implement the concept of humility in criminal law,achieve the correct definition of the specific boundaries of general administrative violations and criminal violations,crimes and offenses;(3)The selection of procedural legislation in a mixed mode conforms to the world trend and clarifies the division of labor.Ensure smooth internal connection of the overall procedure,and establish a special prosecution procedure from the pre-trial procedure to the trial procedure.