Study On Judicial Application Of Crime Of Preparing To Conduct Terrorist Activities

Since the end of the last century,the power of terrorism has risen,and violent terrorist crimes have spread across the world.Terrorists have created one appalling terrorist case after another,bringing huge disaster to people around the world.The environment is so severe that our country is not immune from the attacks of terrorist crimes more and more frequently.Based on this situation,the call for adding terrorist charges and punishing terrorist crimes is rising.In response,the Criminal Law Amendment(IX)set up a series of new terrorism-related charges on the basis of the previous provisions.Among those charges was the crime of preparing to commit acts of terrorism.Compared with other crimes,this crime has certain particularity,and its legislative mode of implementing preparatory acts is beneficial to the development of anti-terrorism work,and can realize the prevention of terrorist activities.But because this crime is a relatively new crime,the public knows little about it,and the law is rarely applied in judicial practice.Therefore,it is necessary to conduct in-depth discussion on this crime,so as to achieve accurate understanding and grasp the purpose of this crime,and ultimately ensure that the preventive and normative role of criminal law can be realized,reflecting the rationality and impartiality of justice.This thesis consists of four chapters.The first chapter mainly reviews the legislative evolution of the crime of preparing to carry out terrorist activities and the current situation and problems of judicial application of this crime.Taking the implementation of criminal Law,Criminal Law Amendment(III)and Criminal Law Amendment(IX)in 1997 as the time node,the legislative characteristics and significance of terrorist activity crime in each stage are discussed respectively.Finally,three main problems existing in the judicial application of this crime are proposed,namely: The dispute of constitutive elements,unfinished forms and the dispute of distinction and identification of charges.The second chapter mainly discusses the normative connotation of the constitutive elements of this crime.The definition of "terrorist activities" and "for the purpose of carrying out terrorist activities" should not be directly applicable to the provisions of the Anti-Terrorism Law,but can be amended to a certain extent in the second paragraph of Article 3 of the Anti-Terrorism Law as a reasonable interpretation of "terrorist activities" in this crime;And the "act of terrorism" is not limited to the situation for oneself,but also for others.The third chapter mainly discusses the unfinished form of preparing for the crime of terrorist activities,mainly including: the nature of the crime should be independent preparatory crime,there are acts of implementation of the crime,the preparatory acts for the implementation of the crime can also be applied to the provisions of the subordinate preparatory crime,but the scope of punishment needs to be limited;This crime also has the form of attempted;As for the form of suspension,the establishment of suspension is analyzed from the three stages of preparatory stage,implementation stage and implementation end.The fourth chapter mainly distinguish ready to implement the boundaries of terrorism and other crimes,using comparative analysis method,this crime and other ACTS of terrorism crimes and some confusing the terrorism crime,this thesis compares and analyzes explore differences between various crimes,and for some the situation of the competition make reasonable convicted and punished,so that the judicial authority is more reasonable for this crime in practice.