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Research On Legislation Improvement Of The Crime Of Assisting Terrorist Activities

Posted on:2020-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y SongFull Text:PDF
GTID:2506306308452304Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the behavior of assisting terrorist activities such as financing has played a significant role in the practice of terrorist activities in real situation.The behavior of assisting terrorist activities has caused great harm to the safety of citizens and property,national securi-ty,and even the entire society.In response to the new situation of Terrorism,Financing Ter-rorist Activities,one of the 120 crimes,is a new type of crime enacted in the Amendment Ⅲto the Criminal Law.The Amendment IX to the Criminal Law stipulated the Crime of Financ-ing Terrorist Activities as the Crime of Assisting Terrorist Activities(CATA),and the consti-tutional elements of the Crime of Financing Terrorist Activities were modified.The crimes in the special provision of criminal law are normally practiced act,however,when it comes to the Crime of Assisting Terrorist Activities,the legislators adopt a special legislative model to define CATA as an independent crime.Therefore,the punishment of CATA is no longer premised on intentional communication in joint crime,that is,the Crime of Assisting Terrorist Activities is no longer promised on the execution of the terrorist activities by the principal criminal involved in the terrorist activities.Although the current legislation has made great progress,as a new crime that has been re-named,the Crime of Assisting Terrorist Activities still has some problems from the perspec-tive of "should be".Based on the analysis of the existing legislation,the judicial interpretation and the analysis of the element of the Crime of Assisting Terrorist Activities,this thesis summarizes the legislative deficiency of The Crime of Assisting Terrorist Activities.First,the concept related to the Crime of Terrorist Activities is unclear,which will affect the correct identification of the crime.Second,the concept of "assisting act" is relatively narrow,with the rapid development of the Internet,assisting terrorist activities through information tech-nology will also cause serious harm to our society.Third,there is no clear definition of the specific circumstances of "server case",which the consequences caused by the crime will be expanded.Forth,the penalty allocation of CATA is not sound.In response to the problems found above,and with the referencing of the foreign legislation regarding terrorist activities,the following solutions are proposed.First,clarifying the related concept of terrorist activities related crime,and national security needs to be added into the object of damage.Second,ex-panding the scope of the concept of "assisting act",and further improving the sanction system of cybercrime assisting act,moreover,the information technology support should also be in-volved in the concept of "assisting act".Third,clarify the provision of the specific circum-stances of "severe circumstances",including financing for multiple times,funding dangerous goods,severe fundraising means or act causes large scale of damage,etc..Forth,improve the allocation of penalties,add Restraining Order,set restricted access to certain places and con-tract specific person.The purpose is to achieve effective attacks on the behavior of assisting terrorist activities through the measures above.
Keywords/Search Tags:The Crime of Assisting Terrorist Activities, Assisting Act, Treating Accessory as perpetrator, Terrorist activities crime
PDF Full Text Request
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