Research On The Typification Of Crimes Of Terrorism

Crime of terrorism is a special kind of crime in our criminal law,which is directly related to the determination of special recidivism and money laundering.However,since the criminal law of our country does not specify the specific charges of crimes of terrorism,there are different opinions in terms of theory.This article argues that the specific charges involved in terrorist activities can be divided into exclusive charges and shared charges.For crimes committed by criminals convicted on shared charges,there is a question of how to distinguish between crimes of terrorism and ordinary crimes.The "typification" in this paper mainly refers to the identification of crimes of terrorism committed by criminals convicted on shared charges.This paper is divided into four parts:Part one,the definition of crimes of terrorism and typification.Firstly,this paper makes a brief review of the legislation of crimes of terrorism in some countries,international and interregional organizations and our country;secondly,this paper explains the definition and characteristics of crimes of terrorism;thirdly,this paper determines the exclusive charges and shared charges;lastly,this paper makes clear the meaning of the typification.Part two,clarify the necessity and significance of the typification of crimes of terrorism.The typification is necessary to fulfill the need to apply the special recidivist system of our criminal law,and is necessary to correctly identify the crimes of money laundering and to apply the relevant provisions of the Criminal Procedure Law.The significance of the typification lies in that it is conducive to the rational implementation of criminal policies,to meeting the needs of special prevention and to maintaining the stability of the criminal law.Part three,identify the criteria for the typification of crimes of terrorism.Firstly,this paper sorts out the disputes on the subjective and objective criteria of typification of crimes of terrorism;secondly,it is clear that only the purpose of crimes of terrorism can be used as the typification standard.Specifically,the purpose of crimes of terrorism can be divided into two levels,the direct purpose is to create social panic,and the indirect purpose is formed by political and ideological purposes.Part four,explore the ways to prove the purpose of crimes of terrorism.Firstly,as for the crimes committed by criminals convicted on exclusive charges,the way to prove the criminal purpose should be made clear.Specifically,the way to prove the purpose of the crimes of organizing,leading,participating in terrorism organizations,helping terrorist activities and other crimes committed by criminals convicted on exclusive charges should be distinguished.Secondly,the way to prove the purpose of the crimes committed by criminals convicted on shared charges should be made clear.