| 12 special conventions on counter-terrorism were established inorder to prevent and punish terrorism, a severe crime that put theinternational society into a difficult position. As one of the countriessuffering from terrorism, China has joined ten and subscribed oneinternational convention on counter-terrorism. First of all, if we want tocarry out the stipulated obligation, we must actualize the connectionbetween our criminal law and conventions on internationalcounter-terrorism in legislation. Academia has not paid much attention either to the theoretic study orto the experience summarizing, though our legislature has bent itself to theconnection for quite a long time. The very special research product of thisaspect is just blank. For the sake of filling this blankness, this dissertationtakes an initial study on this topic from the aspects of theory and practice. This dissertation forms the conception of the connection between ourcriminal law and international conventions on counter-terrorism, andfigures out that the connection includes three parts as legislative content,spirit and form. The connection is not only necessary, but feasible also. Wemust persist in five primary principles in connecting, and its materialmethod is making complementarities and modification on legislation andinterpreting the law reasonably. Our criminal law has developed for more than 20 years since 1979. Ithas actualized the connection with the international conventions oncounter-terrorism in the legislative spirit. And it has materialized the questof the conventions both on the general and the detail parts of the criminallaw in legislative content; however, the connection is not to the core. The 3adding of some crime and the makeup of the impersonality for some crimeis needed. As a matter of fact, the inherent shortage of the separatedlegislative form used in regulating crime of terrorism forces us to seek acentralized one that adapts to the situation of our country. |
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