Terrorist activities have ravaged the world in recent years and also frequently harassed our country.What’s more,it has become increasingly intensified.To effectively contain terrorist activities,the "Criminal Law Amendment IX" has specifically added the crime of preparing for terrorist activities(hereafter refer to the crime).The crime directly criminalizes the preparatory actions,moves penalties before punishment.Therefore,it can effectively eliminate the terrorist activities in the bud.It has produced a positive and far-reaching impact on China’s anti-terrorism work.However,as a new crime,the public may not understand it well.Then the author tries to conduct an in-depth study on the crime so that people can understand and grasp it more accurately,and hopefully helps the anti-terrorism practice.This paper is roughly divided into four sections.The first section mainly elaborates the legislative background of the crime,sorts out and summarizes the criminal legislation on terrorist activities at various stages.Taking the implementation of 1997 Criminal Law,the Criminal Law Amendment III and the Anti-Terrorism Act as time nodes,I will put the entire crime of terrorism into five stages according to the legislation,and respectively discuss the actual situation of terrorist activities in all stages and the legislative features and significance of criminal activities of terrorist activities.The second section mainly analyzes the concept of terrorist activity crime.At present,there is no common understanding in academic circle about its concept.By tapping into the nature of terrorist activity crime,the differences and links between terrorist activity crime and terrorism crime,and between terrorist activity crime and general crime,this article analyzes and illustrates the connotation for the public to have a more accurate understanding of the concept.The third section analyzes the theoretical basis to set up the crime.The author analyzes the objective environment,the value and the significance of the crime with exposure of the risk society,the theory of preventing criminal law,and the theory of safe criminal law,providing theoretical support for setting up the crime.The fourth section mainly discusses the related issues about the criminal constitution of the crime.It discusses specific issues such as whether institution can be listed as the criminal subject,the harmful behavior and effect of the crime,the forms and the legal interests of the crime,and puts forward insight on the existing opinions.The fifth section mainly discusses the related issues in the judicial practice for the crime.It is mainly divided into two major aspects.One is whether there will be a difference between preparation,prepared or attempted of the crime.The second is the difference and relation between the crime and other related crimes. |