Research On The Independence Of Terrorist Financing Crime

Terrorist crimes are becoming more and more rampant and intensifying,and terrorist financing crimes play an important role in it.But at present,our country has not paid much attention to the crime of terrorist financing,and lacks the attention and attention to this kind of crime.Therefore,the regulation of terrorist financing crimes in the criminal law is relatively lacking.At present,the main functional department of my country’s anti-money laundering and anti-terrorist financing is the People’s Bank of China,and the main legal documents are the laws and regulations formulated by the People’s Bank of my country.It has played an important role in the practice of terrorist financing,and has established a system to combat terrorist financing crimes together with the Criminal Law and the Anti-Terrorism Law.However,my country’s criminal legislation system for terrorist financing crimes has not yet been perfected.The promulgation of "Criminal Law Amendment(3)" in 2001 marked the first time that the crime of financing terrorist activities appeared in my country’s criminal law system.Subsequently,in order to strengthen the fight against terrorism crimes,our country promulgated the "Criminal Law Amendment(IX)",of which items 5 to 7 are all additions and amendments to terrorism crimes.The sixth item is the amendment made to the crime of terrorist financing.In 2015,my country promulgated supplementary regulations,changing the previous "crime of financing terrorist activities" to "crime of helping terrorist activities".In my country’s current criminal law system,the crime of financing terrorism is only a conceptual category of the crime of helping terrorist activities,and there is no separate regulation for this type of crime.The primary problem faced by our country’s current criminal legislation on terrorist financing is the unclear definition of the concept of terrorist financing,which directly results in the one-sidedness of the criminal regulation of terrorist financing and the ambiguity of criminal identification.Therefore,in the first part of the general theory,this thesis firstly clarifies the concepts of terrorist financing and the independence of terrorist financing,and then clarifies the three types of behaviors included in the crime of terrorist financing,namely raising,providing and financing services.Then it discusses the limitations of punishing terrorist financing crimes under the current criminal law interpretation theory and the justification of implementing the independence of terrorist financing crimes.Finally,the path to realize the independence of terrorist financing crime is discussed.The path to realize the independence of terrorist financing crime,that is,how to realize the independence of terrorist financing crime is the main point of this thesis.The primary task of realizing the independence of terrorist financing crimes is to determine the independent mode of terrorist financing crimes.This thesis believes that a decentralized model should be adopted to regulate terrorist financing crimes,and the three types of behaviors in this type of crimes should be regulated separately.It should be distinguished from other violent crimes.That is to make different provisions for different types of terrorist financing crimes,separate the collection and provision from the crime of helping terrorist activities,and independently for the newly established crime of raising and providing funds for terrorist activities.Amend the traditional money laundering crime,and increase the behavior of concealing the "illegal flow and use" of funds,so as to cover the fund service behavior.