Perfection Of Anti-Terrorism Criminal Legislation In China

In the past 20 years,with the changes of the relations between countries and the international economic and political situation,terrorism has been spreading all over the world.Terrorist crimes bring great challenges to world peace.Seriously threatening the security of human civilization and the economic development of the world.So that deal with terrorist crimes,all countries in the world have taken a series of legislative and judicial measures to actively adjust the anti-terrorism criminal policy to meet the needs of the anti-terrorism struggle.Based on this,in October 1999,Professor Jacobs put forward the theory of "enemy criminal law".Jacobs claims that the realistic law has boundaries,and the universal application of human law is not in accordance with the facts.In the rule of law,there are enemies besides citizens.Those who constantly and fundamentally threaten or destroy social order and try to subvert the fundamental principles of rule of law should be treated as enemies.This theory leads to a heated debate on whether it is proper to distinguish "citizens and enemies" and apply them respectively in criminal law.Professor Jacobs’ thought has been debated for a long time in German law circle,and criminal law scholars from Europe and America have joined in this debate.Until 2003 that Xu Yu’an,a Taiwanese scholar,translated and published the article"civil criminal law and enemy criminal law",which summarized and discussed the theory of enemy criminal law,into Chinese,that there was a heated discussion among Chinese scholars.Because the expression of "enemy" is easily related to "class struggle and ideology" with Chinese characteristics,this discussion has a one-sided critical trend in the domestic academic circle.From the perspective of the criminal law of the enemy,this paper analyzes the current problems of the criminal legislation of anti-terrorism in China from the evolution of the criminal legislation of anti-terrorism in China,so as to put forward the targeted legislative improvement direction from the perspective of the criminal law of the enemy.