Abstract

In the past 10 years, China’s legislation on terrorist crimes has undergone great changes, which not only responds to the inherent requirements stipulated in the international conventions, but also refl ects the policy governing terrorist crimes. The legislation of terrorist crime presents new dimensions, specifi cally for the preventive strengthening, the increase of severity, the increase of rigour. Under the background of risk society, the legislation of terrorism crime has positive social signifi cance, which is embodied in the combination of punishment after the event and prevention before the event, the unity of behavior harm and personal danger. In the future criminal legislation, it is necessary to enhance the foresight of legislation, promote the scientifi c nature of legislation, and strengthen the effective connection between criminal law and anti-terrorism security law, which should be the development direction of terrorism crime legislation

Highlights

  • In order to cope with the rising trend of terrorism and the new characteristics, trends and trends of terrorist activities, international conventions and western countries are revising their legal provisions in time to effectively combat and prevent terrorist crimes

  • Penal code promulgated in 1997, according to the needs of social development, and constantly to revise and perfect the criminal code, altogether has 10 before and after the amendment of criminal law, three of the amendment is associated with terrorism crime, namely, the Criminal Law Amendment in criminal law amendment (III) and the Criminal Law Amendment

  • The revision of the General Provisions of the Criminal Law mainly involves the penalty system for terrorist crimes, which is embodied in the corresponding provisions of the "Criminal Law

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Summary

Ex post punishment and ex ante prevention are unified

The unity of punishment after the fact and prevention before the fact is discussed from the perspective of the essence of penalty. We can see that in the context of a risky society, the criminal law governance of terrorist activities needs to show characteristics different from traditional society from the legislative and judicial levels. The transformation from ex post punishment to prevention in advance is an important goal shift of the criminal law system in crime governance, as well as a significant change in the value orientation of criminal policies, which is in line with the public’s expectation for the future development of criminal legislation. In the coming period of time, with the in-depth discussion of risk society theory, we will continue to deepen the active intervention and prevention of terrorist crimes, and the specific content will be reflected in all levels of criminal legislation, criminal justice and criminal enforcement

The harm of behavior is unified with the danger of perpetrator
The analysis of the penalty provisions of terrorist crimes
The value analysis of placement education in the pre-regulation
Full Text
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