The Current Situation And Reflection Of My Country's "preventive" Anti-terrorism Legislation

China's anti-terrorism legislation strengthens advance prevention to comply with international trends.By sorting out the trajectory of China 's anti-terrorism legislation,it can be seen that from 1997,the criminal law terrorist crimes were first sentenced to establish the vane of“preventive” legislation;2015 Criminal Law Amendment(9)"Through the creation of a large number of new crimes involving terrorism,the preparation of terrorist activities will be implemented to help criminalize the conduct,and a major breakthrough in the" preventive"anti-terrorism legislation will be achieved;the" People's Republic of China Anti-Terrorism Law"in 2016 The introduction of China has filled the vacancy of China ' s special anti-terrorism legislation,further clarified the principle of “ preventive ” counter-terrorism,enriched the“preventive” counter-terrorism measures,expanded the investigation power of state organs,and added preventive systems such as placement education.The “ Preventive ” Anti-Terrorism Legislation System with the Doctrine of Law as its core has taken shape."Preventive"anti-terrorism legislation has its irreplaceable legitimacy.In terms of necessity,preventive anti-terrorism legislation is a practical need to respond to terrorism and an overall trend in world legislation.The extraterritorial anti-terrorism legislation model mainly includes the United States as the representative The "war model" and the "criminal justice model" represented by Germany.In terms of value choice,when faced with safe and free value choices,human beings of course choose lower-level safety needs at the level of demand.They are consciously bound by law for social order and personal safety,but "preventive" anti-terrorism legislation The harm of freedom should be less than its effect to promote public safety as the standard,and strive to achieve a dynamic balance between safety and free value.In terms of legal functions,due to the uncertainty and seriousness of terrorist activities,the penalty afterwards is far from the legislative purpose of anticipating the punishment of crime and protecting the people.As a safeguard law,the criminal law has the dilemma of weakening the deterrent function.The emergence of the "criminal law"concept was accepted by most countries and became the main theoretical basis for "severely"combating terrorism.China's anti-terrorism legal system has just been formed,and there are still some misalignments and deficiencies in the content of anti-terrorism legislation aimed at"prevention".First of all,due to the lack of ambiguity in the law,the anti-terrorism administrative agencies have obtained a wide range of discretionary powers,and without the establishment of a corresponding supervision system,the expansion and abuse of public power can easily lead to the derogation of the rights of ordinary citizens and criminals,and citizens 'freedom of speech,Personal freedom and privacy rights are subject to varying degrees of infringement.Furthermore,power is naturally expandable.The beautiful intentions of “preventive” legislation may often lead too far in implementation,leading to the generalization of anti-terrorism legal responsibilities,and the expansion of citizens ' legal behavior may be included in the adjustment scope of anti-terrorism laws.At the same time,due to the lack of effective judicial supervision for the identification of terrorists in China,the lowering of the criminalization threshold of anti-terrorism legislation and the blurring of the borders of execution responsibility,and the excessive power of the state,it is difficult to obtain the legal rights of criminal suspects and ordinary citizens in judicial practice Relief and security.Finally,complete laws should be predictable.Problems such as unclear legal terminology and uncoordinated legal terminology that still exist in current anti-terrorism legislation may lead to difficulties in judicial practice and confusion in citizens 'law-abiding.In response to the above-mentioned "preventive" legislation risks,we should adhere to the principles of the rule of law,rationality and necessity.By further improving the administrative and criminal anti-terrorism legislation,and clarifying the extension of the legal terminology,China 's anti-terrorism legislation should be based on security and freedom.Above the balance,better safeguard national security,public safety and the safety of people's lives and property.