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Research On The Determination Of "Aiding Act" In The Crime Of Aiding Terrorist Activities

Posted on:2022-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y RenFull Text:PDF
GTID:2506306485999459Subject:legal
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General Secretary Xi Jinping pointed out in his speech entitled "building a common community of human destiny"that we should build a universally safe world,and terrorism is a public enemy of mankind.The fight against terrorism is a common task among all countries.We should not only take temporary measures but also cure them.We should also strengthen coordination and unity among countries and establish a united front against terrorism.Hold up a safe umbrella for people all over the world.Anti terrorism is the common aspiration of people of all countries.Since the September 11 incident,all countries have been strengthening anti-terrorism legislation,establishing international treaties and jointly combating terrorism.China has also actively signed relevant international treaties.In addition to the amendment(9)to the criminal law,which modifies the crime of financing terrorist activities and adds a number of new ways of behavior,China has also promulgated the Anti Terrorism Law,which shows China’s determination to fight terrorism.Due to the late research on anti-terrorism legislation in many countries,so is the research on the newly revised crime of aiding terrorist activities in China.Based on this,combined with relevant literature and works,this paper makes a systematic discussion on the crime of aiding terrorist activities.This paper analyzes and demonstrates the“act of aiding”of the crime of aiding terrorist activities in China’s criminal law through four parts:The first chapter of this paper mainly expounds the theoretical development of the aiding act of the crime of aiding terrorist activities.Firstly,starting from the legislative development and characteristics of the crime of aiding terrorist activities,it leads to the legislative embodiment of the crime of aiding terrorist activities and the theoretical analysis of the crime of aiding terrorist activities;The second chapter discusses that the object of this crime is public security and national security;The objective aspect is to finance,recruit,train and transport personnel to terrorist organizations;The subjects are individuals and units,excluding the state or intergovernmental organizations.But when the subject is a unit,it is different from the unit subject of other charges because of the lack of the condition that the illegal income belongs to the organization;The subjective face-to-face performance is intentional,including direct intentional and indirect intentional;The third chapter discusses the identification of the forms of this crime’s help behavior,including the identification of financial aid behavior,recruitment and training behavior,transportation personnel behavior,and neutral help behavior;The fourth chapter discusses the application of the sentencing rules of this crime,the determination of the form of crime stop and the number of crimes.The determination of the number of crimes includes the determination of one crime and several crimes,and the determination of the joint crime of helping terrorist activities.
Keywords/Search Tags:Crime of aiding terrorist activities, Helping behavior, Constitutive requirements, Form of expression, Sentencing rules, Crime pattern
PDF Full Text Request
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