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The Improvement Of China's Anti-terrorism Criminal Legislation From The Perspective Of Criminal Law Amendment(9)

Posted on:2020-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:X GuoFull Text:PDF
GTID:2416330572969814Subject:legal
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Beginning with the?Criminal Law?of 1997,China's criminal legislation against terrorism has undergone a growing process from nothing to come out,from small to large,from fragmented to relative systematization,and penal punishment has been strengthened.Every criminal law has a profound society and international background.The Criminal Law Amendment(9)adopted in 2015 is the latest criminal legislation practice in the field of criminal legislation in China.Its revision is highly related to the continued high incidence of terrorist attacks in China after 2008,the infiltration of religious extremism and the more of the "lone-wolf" activities,the new characteristics such as the armed means and civilianization of objects of terrorist crimes and the original criminal law in punishment of terrorist crimes due to the unscientific setting of crimes and the unreasonable setting of penalties.In response to these problems,the amendment(9)has greatly revised China's anti-terrorism criminal legislation by introducing new legal concepts,adding new crimes,amending the crimes of original crimes and adding property punishments.It demonstrates China's determination to crack down on terrorist crimes and reflects the overall trend of our legislation.After the promulgation of "Amendment 9",the high-risk situation of China's terrorist attacks was initially controlled,but with the terrorist activities showing new features,the law called for the law to further respond to changes in practice.By sorting out China's anti-terrorism criminal legislation with the aid of the "Amendment(9)",it helps us to grasp the legislative process,characteristics and trends of punishing terrorist crimes as a whole,and it has guiding significance for the further improvement of China's anti-terrorism criminals in the future.In order to explore the improvement of China's anti-terrorism criminal legislation,this paper has carried out research and analysis from the following parts:(1)The basic concept is determined.Through the investigation and comparison of the definition of "terrorism" and its surrounding concepts in Chinese and foreign legislation,the characteristics and development trend of "terrorism" are summarized,and the necessity and urgency of criminal legislation on terrorism are emphasized.(2)An overview of the legislation on terrorist crimes.Through the separate investigation of the legislative outlines of terrorist crimes in China,the paper summarizes the inadequacies of China's legislation and discusses Amendment(9)from the legislative background,legislative content.Emphasizes the necessity of perfecting the anti-terrorism criminal legislation.(3)This paper examines the legislative outline of the Criminal Law Amendment(9)and legislative characteristics This part is also the core of the paper.A comprehensive analysis will help us grasp the criminal legislation against terrorism.(4)Analyzes the legitimacy and necessity of the Criminal Law Amendment(9).And praise the positive significance through its role in legal practice after its promulgation.(5)Combined with the above analysis,it summarizes the trends and shortcomings of China's anti-terrorism legislation.(6)Give some advices of legislative improvement based on the latest situation of terrorist crimes and the comprehensive analysis of the third and fifth parts.Through the analysis of China's anti-terrorism legislation and of the Criminal Law Amendment(9),the author proposes to perfect the anti-terrorism criminal legislation from formulating the concept,increasing the crime,strengthen the system construction and highlighting the punishment of criminal actions in the criminal law.At the same time,it strengthens the echo of criminal law and other anti-terrorism legislation and give some advices for building a comprehensive prevention-punishment system.
Keywords/Search Tags:Terrorist criminal legislation, Criminal Law Amendment(9), Suggestions and improvements
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