Study On Criminal Law Of China Connecting To International Conventions On Counter-terrorism

The "East-Turkish" terrorist forces have emerged a new trend in our country, they tried to make the Xinjiang's violent terrorism internationally. With the affects of "Three Force" featured by terrorism, religious extremism and national splittism.The Dalai group tend to collaborate closely with international terrorist organizations.In the face of a grim situation of terror,our county have joined 13 special conventions on counter-terrorism set by international organizations, more and more charges involving terrorism crime are increased in the"criminal law amendment (3)".The number of terrorism charges reached a high record. No matter from the criminal legislation spirit, and the detailed content of criminal legal norm are consistent with the trends of the convention on the international counter-terrorism basic.Although the criminal legislation against terrorism in our country is increasingly towards the direction of linking to the international convention, and in the penal code and barely able to find corresponding to the convention on international terrorism crime, but that there are still many defects in the process of cohesion. First, legislative ideas on human rights protection is not strong enough, the understanding of the criminal policy of tempering justice with mercy is not thorough, our country don't have a special provision of the terrorism crime legislation, the definition of terrorism, the scope of its behavior is not clear, in the judicial practice easily confused with ordinary crime, not only such, terrorism charges are dispersed in the penal code, which can lead to many is not an act of terrorism crime is the crime, he shall be investigated for the criminal suspect is away. Second, for a lot of such as ACTS of terrorism, such as continental shelf fixed platform security threatening in the penal code of our country can't find the corresponding special charges with the international conventions, lack of special protection of criminal law, the law benefit only using ordinary crime regulation, can better reflect the legislative purpose of the international convention. Finally, some existing objective behavior of the terrorism crime is not comprehensive, lack of individuals of the terrorism crime, for there are no special compound on the sentencing, reduce or waiver for remedial conducive to encourage criminals.This article first to our country criminal law and international conventions in such aspects as legislative spirit, principle and content of join the status, made a detailed introduction, and then based on this, advances the gap existing in both and analysis the gap may be caused by all sorts of problems. Secondly, based on criminal legislation about terrorism abroad, puts forward some perfect terrorism criminal law experience for reference to our country. Finally, in view of our country criminal law and international counter-terrorism conventions in bridging the gap on, foreign criminal legislation against terrorism in combination with good experience, proposed should be formulated an anti-terror legislation, under a clear definition to terrorism, a clear scope of ACTS of terrorism, in unified legislation concept under the guidance of the terrorism crime of discussed, enlarge the criminal jurisdiction of terrorism crime, adjusting part of the components of the terrorism crime.