The Mode Of Identifying The Terrorist Organization

Since "9·11" terrorist attacks in America, terrorism has been a hot topic of the international community. In recent years, from the subway bombings in London to the serial bombings in Bali Island then to the shooting in Paris, terrorism crime, as crime of organized group, has been rising year by year. And it has serious impact on the peace and stability of the international community. Just like the international community experience, our country also suffers the terrorism crimes. From the Urumqi "7·5" smashing, looting and burning case to Kunming railway station "3·1" terrorism crime, and from the Golden Water Bridge incident in Tiananmen Square to Baicheng County violent incidents in Aksu Prefecture, terrorism crime has serious impacts on our country’s political stability, and it hinders the economic development and social harmony. Therefore, in order to remove the harmful toxic and timely and accurately identify the premise of terrorist organizations, we should fight against terrorism crime effectively. This is also the reason why the author chooses the mode of identifying the terrorist organization as the research topic. This article is divided into three parts: putting forward problems, analyzing problems, and solving the problem. From the three experiences of identifying the terrorist organization in our country, this paper careful analyzes the practical identification of determination subject, standards and announcement of the program in the three experiences of identifying the terrorist organization. Then we reached the conclusion that in the identifying the terrorist organization, the practice has been adhering to the conclusion administrative recognition mode. Through a brief description of the legislative background of the law of the People’s Republic of China on Anti-Terrorism Act, and the experience that the National People’s Congress Standing Committee reviewed three times and finally passed through, this paper raises another pattern identifying the terrorist organization in our country, namely judicial cognizance mode. So, on the mode of identifying the terrorist organization, our country now adopts the combination of the double regulation model of the administrative identification and judicial determination. Newly enacted law has small inconsiderate flaws:Anti-Terrorism Act is not perfect. In this paper, combining with the specific provisions of the anti-terrorism act and analyzing the shortcomings existing in administrative identification and judicial determination, such as the problems those procedures are unclear and the judicial relief way is single and so on. On the basis of the collection of a large number of foreign laws in the field of counter-terrorism and practical materials of identifying the terrorist organization, this paper analyzes the international organizations, regional organizations and representative countries in the field of counter-terrorism mode. Especially the modes of identifying the terrorist organization of different countries are classified and summarized, such as the United States, Britain, Canada, India, Russia, Germany, France, Italy and other countries. And then considering our country national condition, absorbing the beneficial to our country, this paper puts forward concrete suggestions of perfecting our country’s mode of identifying the terrorist organization.