An Research On Criminal Law Legislation Of Anti-terrorism Crimes

Since the "9.11" incident, terrorism crime has become a global issue and a serious public threat to all mankind, which severely undermines world peace and security of the international community, how to use criminal law against such crimes become an important issues of the whole world today. China is also not spared from the crimes of terrorism, especially the serial assaults committed by "East Turkistan" the terrorism organization, which have caused serious damage to China’s social orders along with huge property losses. Meanwhile, individual terrorist crime is increasing rampantly,too. At the same time, terrorism crime situation in our country has been combined with a new trend of internationalization and localization. In order to response to the crime of terrorism, the China Government, on the one hand, actively joins the international conventions against terrorism, and on the other hand, modifies and improves the domestic legal system as a response mechanism. Nevertheless, China’s anti-terrorism legislation is far from perfection. There is still along way to go, compared to the standards of international conventions and othercountries’anti-terrorism legality. In order to establish a scientific and comprehensive legal framework against terrorism, as well as to prevent and control effectively through the legal means, there is an urgent need to study the basic theory and practical experience of the international community and other countries’anti-terrorism law.Except the foreword and conclusion, the thesis consists of five parts.In the first part, using datas from Global Terrorism Database,Country Reports on Terrorism and MIPT, this study tries to conclude the trend of today’s terrorism crimes in both the world and China.The second part of the study includes the basic theories of anti-terrorism-crime, including the definition of terrorism and its felony nature. Above is the logical starting point of this study.The third part explores the major countries legislation of punishing the terrorist crimes and its enlightenments for China. Based on different legal traditions and domestic conditions,the nations adopt many a legislative mode, such as decentralized, specialized, or combined. These countries’ legislative experiences and value orientation are worth using for reference, but meanwhile we should also learn a lesson from their short boards.The fourth part expounds China’s legislation of anti-terrorism-crime. Considering our legal revolutionsand current situations, we are applying the decentralized legislative mode, and undergoing the transition phase to compound mode. China’s legislation roots in our own domestic realities,draws experiences from foreign countries, and response to the international Convention. But there are still many drawbacks. The fifth part studies the way to maturity of China’s Anti-terrorism legislation. In response to these shortcomings,China should make improvements in the Criminal Law,make perfections on general and specific provisions of criminal law like accusations and penalties.