Research On Judicial Application Of Crime Of Preparing To Implement Terrorist Activities

In recent years,terrorist crimes have raged around the world and become more and more intense.Our country has also been frequently harassed by terrorist crimes.In order to effectively curb the crime of terrorist activities,the Criminal Law Amendment IX enriches Article 120 of the Criminal Law,which independently criminalizes preparatory acts of terrorist activities,i.e.preparatory acts of terrorist activities.On the one hand,the theoretical research on the crime of preparing to commit terrorist activities in our country is weak;on the other hand,because there are fewer relevant cases of this crime,many issues are still controversial.Therefore,it is necessary to study the judicial application of this crime.The crime of preparing to commit terrorist activities refers to the act of preparing tools or liaison,training,planning and other preparatory activities for the implementation of terrorist activities.This article elaborates the characteristics,legislative background,constitution and form of the crime of preparing to commit terrorist activities,and the different theories of these aspects combined with their own views.In terms of the constitution of crime,this paper elaborates on the theory of "four elements".In terms of constitutive elements,the controversial issues of the crime are as follows:first,whether the unit can become the subject of the crime;second,whether indirect intent can establish the crime.According to our current legislation,units can not be the subject of the crime of preparing to commit terrorist activities.However,by comparing with other terrorist crimes,it can be found that the unit should also be the subject of the crime.Most scholars believe that indirect intent can not be convicted of the crime.In fact,this can not be generalized,it needs to be analyzed in the light of specific circumstances.The main disputes in the form of crime include:whether the crime has the form of criminal preparation and suspension,and whether there are assistants and abettors in the crime.The answer to this question is yes.It is an urgent need for judicial practice to have a thorough understanding and analysis of the above-mentioned issues in theory,and at the same time help to have a clearer understanding of the crime of preparing to commit terrorist activities,with a view to benefiting the future apply of this crime in practice.