恐怖犯罪问题探析
发布时间：2018-10-09 20:40
【摘要】： 恐怖犯罪作为一种社会危害性极其严重的刑事犯罪类型,其历史渊源由来已久。随着当今世界科技发展、社会进步,新型恐怖犯罪,如金融恐怖、生化恐怖、网络恐怖甚至核恐怖等已悄然兴起,并改变与扩大着恐怖活动的内涵与外延,对人类社会的危害也日趋广泛而严重。继美国“9·11”事件之后,恐怖犯罪已经成为当今国际社会普遍关注的焦点问题。 如何有效地惩治恐怖犯罪并对其予以法律规制是世界各国理论界亟待解决的课题。什么是恐怖犯罪?恐怖犯罪的构成与认定在立法和司法两个层面需要注意哪些问题?恐怖犯罪的刑事责任应如何解决?国外反恐刑事立法的状况以及其对我国刑事立法的借鉴与完善有何意义?对这些问题的研究具有重要的理论和现实意义。笔者本着上述思路,在参阅国内外专家学者研究成果的基础上,对恐怖犯罪的有关问题进行梳理、探析,撰写此文。 本文除引言和结语外,共分为以下六个部分: 第一部分:恐怖犯罪概述。该部分首先介绍了恐怖犯罪的历史渊源与现状考察、发展趋势预测以及其产生的根源剖析;其次对恐怖犯罪概念进行科学的界定;最后对撰写本文的理论和实践意义进行说明。 第二部分:恐怖犯罪的犯罪构成。该部分首先从整体上将恐怖犯罪作为类罪或群罪集合体,运用传统刑法理论进行分析;其次结合我国刑事立法,对恐怖犯罪所涵盖的个罪分别进行具体上的说明。 第三部分:恐怖犯罪的认定问题。该部分主要内容包括:恐怖犯罪与其他普通暴力性刑事犯罪的区分;恐怖犯罪与黑社会性犯罪的区别;恐怖犯罪中罪与非罪界限的把握;恐怖犯罪中此罪与彼罪的区分;以及恐怖犯罪形态和罪数形态的探讨。 第四部分:恐怖犯罪的刑事责任问题。该部分主要强调了从重处罚原则,也兼顾“因罪制宜”的灵活性。 第五部分:国外反恐刑事立法及相关法律制度简介。该部分主要从各国反恐立法体例方面,进行比较和简析,并提出一些可借鉴的建议。 第六部分:我国反恐立法现状分析及完善建议。
[Abstract]:As a type of criminal crime with extremely serious social harmfulness, terrorist crime has a long history. With the development of science and technology and social progress in the world today, new terrorist crimes, such as financial terror, biochemical terror, network terror and even nuclear terror, have emerged quietly, and have changed and expanded the connotation and extension of terrorist activities. The harm to human society is more and more extensive and serious. Following the September 11 incident in the United States, terrorist crimes have become the focus of international attention. How to punish terrorist crime effectively and regulate it legally is an urgent task in the theoretical circle of countries all over the world. What is a terrorist crime? What problems should be paid attention to in the legislative and judicial aspects of the constitution and determination of terrorist crimes? How to solve the criminal responsibility of terrorist crime? What is the significance of foreign anti-terrorism criminal legislation and its reference to our criminal legislation? The study of these problems has important theoretical and practical significance. On the basis of consulting the research results of experts and scholars at home and abroad, the author combs, analyzes and writes this article on the basis of the above thinking. In addition to the introduction and conclusion, this article is divided into the following six parts: the first part: summary of terrorist crimes. This part first introduces the historical origin and current situation of the terrorist crime, the forecast of the development trend and the origin of the terrorist crime; secondly, scientifically defines the concept of the terrorist crime; finally, explains the theoretical and practical significance of writing this article. The second part: the crime constitution of terrorist crime. This part firstly analyzes the terrorist crime as a kind of crime or group crime as a whole, using the traditional criminal law theory to analyze; secondly, combined with the criminal legislation of our country, the specific explanation of the individual crime covered by the terrorist crime is given respectively. The third part: the determination of terrorist crime. The main contents of this part include: the distinction between the terrorist crime and other ordinary violent crimes; the difference between the terrorist crime and the underworld crime; the control of the boundary between the crime and the non-crime in the terrorist crime; the distinction between this crime and the other crime in the terrorist crime; And the form of terrorist crime and crime number form of discussion. Part IV: the criminal liability of terrorist crimes. This part mainly emphasizes the principle of heavier punishment and gives consideration to the flexibility of crime. Part V: introduction of foreign anti-terrorism criminal legislation and related legal system. This part mainly compares and analyzes from the aspects of anti-terrorism legislation of various countries, and puts forward some suggestions that can be used for reference. The sixth part: our country anti-terrorism legislation present situation analysis and the consummation proposal.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
本文编号：2260715
[Abstract]:As a type of criminal crime with extremely serious social harmfulness, terrorist crime has a long history. With the development of science and technology and social progress in the world today, new terrorist crimes, such as financial terror, biochemical terror, network terror and even nuclear terror, have emerged quietly, and have changed and expanded the connotation and extension of terrorist activities. The harm to human society is more and more extensive and serious. Following the September 11 incident in the United States, terrorist crimes have become the focus of international attention. How to punish terrorist crime effectively and regulate it legally is an urgent task in the theoretical circle of countries all over the world. What is a terrorist crime? What problems should be paid attention to in the legislative and judicial aspects of the constitution and determination of terrorist crimes? How to solve the criminal responsibility of terrorist crime? What is the significance of foreign anti-terrorism criminal legislation and its reference to our criminal legislation? The study of these problems has important theoretical and practical significance. On the basis of consulting the research results of experts and scholars at home and abroad, the author combs, analyzes and writes this article on the basis of the above thinking. In addition to the introduction and conclusion, this article is divided into the following six parts: the first part: summary of terrorist crimes. This part first introduces the historical origin and current situation of the terrorist crime, the forecast of the development trend and the origin of the terrorist crime; secondly, scientifically defines the concept of the terrorist crime; finally, explains the theoretical and practical significance of writing this article. The second part: the crime constitution of terrorist crime. This part firstly analyzes the terrorist crime as a kind of crime or group crime as a whole, using the traditional criminal law theory to analyze; secondly, combined with the criminal legislation of our country, the specific explanation of the individual crime covered by the terrorist crime is given respectively. The third part: the determination of terrorist crime. The main contents of this part include: the distinction between the terrorist crime and other ordinary violent crimes; the difference between the terrorist crime and the underworld crime; the control of the boundary between the crime and the non-crime in the terrorist crime; the distinction between this crime and the other crime in the terrorist crime; And the form of terrorist crime and crime number form of discussion. Part IV: the criminal liability of terrorist crimes. This part mainly emphasizes the principle of heavier punishment and gives consideration to the flexibility of crime. Part V: introduction of foreign anti-terrorism criminal legislation and related legal system. This part mainly compares and analyzes from the aspects of anti-terrorism legislation of various countries, and puts forward some suggestions that can be used for reference. The sixth part: our country anti-terrorism legislation present situation analysis and the consummation proposal.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
【引证文献】
相关硕士学位论文 前2条
1 谭永刚;论我国反恐怖主义犯罪的立法完善[D];吉林大学;2011年
2 覃婕;我国恐怖主义犯罪研究[D];广西民族大学;2012年
，本文编号：2260715
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