反恐怖融资战略初探
发布时间：2019-06-03 04:47
【摘要】：恐怖活动是现代社会发展到一定阶段的产物,对人类的生存、发展构成了极大的威胁。金钱是恐怖主义的生命线,目前,所知的大规模恐怖活动不是任何(?)个个人或国家都有实力从事的,这些活动都需要雄厚的资金来源。没有雄厚的资金支持,恐怖活动根本无法进行。完善中国金融反恐立法,有效切断恐怖主义财源,从经济角度限制其生存、发展是当务之急。“9·11”事件以后,以美国为首的西方国家建立了国际金融反恐阵营,以期各国携手在更广的范围内给恐怖主义金融供给线以沉重的打击。中国对这种恐怖主义融资犯罪活动的侦查还处在比较传统的方式上,针对性较弱。对诸如银行等金融机构协助司法机关间接侦查等先进打击方式的引入上还存在一定差距,至今还存在面临审判实践“零适用”的困局。可见,高度重视反恐怖融资的战略价值和战略意义,快速构建中国反恐怖融资战略,是当前我国遏制和打击恐怖主义活动的首要任务。 本文首先对当前恐怖主义活动的基本类型和最新动向进行了初步归纳,进而列举并分析了当前遏制和打击恐怖主义的主要手段和效果。通过分析表明,由于恐怖主义活动介乎犯罪与战争之间的特殊性,传统的以“震慑”和“报应”为主要理论的刑罚思想及刑事政策,对于打击恐怖主义活动引发的犯罪并无十分显著的效果。为此,探究并建立以通过摧毁恐怖主义活动经济基础为主要目标的反恐怖融资战略,即将资助恐怖主义活动入罪化的刑事政策,对于打击和遏制恐怖主义活动即具有十分重要的意义。通过反恐怖融资战略的构建,能够及时发现和预防恐怖主义活动,控制非法资金以保证经济活动安全,最终摧毁恐怖主义活动的经济基础。 通过对国际社会以及西方代表国家对于反恐怖融资经验的学习和比较,不难发现,作为将特定经济活动入罪化反向遏制上游犯罪活动的一种有效手段,反恐怖融资战略和反洗钱战略同样受到高度重视。联合国通过的《制止向恐怖主义提供资助的国际公约》、金融行动特别工作组就提出的《打击恐怖融资九条特别建议》对全球范围的反恐怖主义融资战略进行了明确的部署,美、英、加拿大等国家也在国内法中积极响应和落实,从而有效提高了打击恐怖主义活动的能力。 我国反恐怖融资战略尚处于布局阶段,审判实践“零适用”的现状和当前国内恐怖活动实际情况并不相适应。为此,应当从完善刑事立法、建立“冻结”和“没收”转向制度、探索激励机制以及健全执法机构等多方面入手,尽快构建起完善的反恐怖融资战略体系。
[Abstract]:Terrorist activities are the product of the development of modern society to a certain stage, which poses a great threat to the survival and development of human beings. Money is the lifeline of terrorism, and at present, the known large-scale terrorist activities are not any (?) Each individual or country has the strength to engage in these activities, these activities need a strong source of funding. Without strong financial support, terrorist activities cannot be carried out at all. It is urgent to perfect China's financial and counter-terrorism legislation, effectively cut off the financial resources of terrorism, and limit its survival from an economic point of view. After the 9 / 11 incident, western countries led by the United States established an international financial and counter-terrorism camp. In order to work together to deal a heavy blow to the terrorist financial supply line in a wider range. The investigation of this kind of terrorist financing crime in China is still in the more traditional way, the pertinence is weak. There is still a certain gap in the introduction of advanced strike methods, such as banks and other financial institutions to assist judicial organs in indirect investigation, and there is still a difficulty in facing the "zero application" of trial practice. It can be seen that attaching great importance to the strategic value and significance of anti-terrorist financing and quickly constructing China's anti-terrorist financing strategy is the primary task of our country to curb and crack down on terrorist activities at present. This paper first summarizes the basic types and latest trends of current terrorist activities, and then enumerates and analyzes the main means and effects of curbing and combating terrorism at present. The analysis shows that due to the particularity of terrorist activities between crime and war, the traditional penalty thought and criminal policy are based on the main theories of "deterrence" and "retribution". It has no significant effect on combating the crimes caused by terrorist activities. To this end, to explore and establish an anti-terrorist financing strategy aimed at decriminalizing the financing of terrorist activities, with the main objective of destroying the economic base of terrorist activities, It is of great significance to combat and curb terrorist activities. Through the construction of anti-terrorist financing strategy, we can detect and prevent terrorist activities in time, control illegal funds to ensure the security of economic activities, and finally destroy the economic base of terrorist activities. Through the study and comparison of the experience of the international community and the representative countries of the West in anti-terrorist financing, it is not difficult to find that it is an effective means of decriminalizing specific economic activities and curbing upstream criminal activities, Anti-terrorist financing strategy and anti-money laundering strategy are also highly valued. The International Convention for the suppression of the financing of Terrorism, adopted by the United Nations, and the Financial Action Task Force have made a clear deployment of a global counter-terrorism financing strategy on the nine special recommendations for combating terrorist financing, The United States, Britain, Canada and other countries have also responded and implemented positively in their domestic laws, thus effectively improving their ability to combat terrorist activities. The anti-terrorist financing strategy of our country is still in the layout stage, and the present situation of "zero application" in trial practice is not suitable for the actual situation of domestic terrorist activities at present. Therefore, we should perfect the criminal legislation, establish the turning system of "freezing" and "forfeiture", explore the incentive mechanism and perfect the law enforcement agencies, so as to construct a perfect strategic system of anti-terrorist financing as soon as possible.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D997.9
本文编号：2491679
[Abstract]:Terrorist activities are the product of the development of modern society to a certain stage, which poses a great threat to the survival and development of human beings. Money is the lifeline of terrorism, and at present, the known large-scale terrorist activities are not any (?) Each individual or country has the strength to engage in these activities, these activities need a strong source of funding. Without strong financial support, terrorist activities cannot be carried out at all. It is urgent to perfect China's financial and counter-terrorism legislation, effectively cut off the financial resources of terrorism, and limit its survival from an economic point of view. After the 9 / 11 incident, western countries led by the United States established an international financial and counter-terrorism camp. In order to work together to deal a heavy blow to the terrorist financial supply line in a wider range. The investigation of this kind of terrorist financing crime in China is still in the more traditional way, the pertinence is weak. There is still a certain gap in the introduction of advanced strike methods, such as banks and other financial institutions to assist judicial organs in indirect investigation, and there is still a difficulty in facing the "zero application" of trial practice. It can be seen that attaching great importance to the strategic value and significance of anti-terrorist financing and quickly constructing China's anti-terrorist financing strategy is the primary task of our country to curb and crack down on terrorist activities at present. This paper first summarizes the basic types and latest trends of current terrorist activities, and then enumerates and analyzes the main means and effects of curbing and combating terrorism at present. The analysis shows that due to the particularity of terrorist activities between crime and war, the traditional penalty thought and criminal policy are based on the main theories of "deterrence" and "retribution". It has no significant effect on combating the crimes caused by terrorist activities. To this end, to explore and establish an anti-terrorist financing strategy aimed at decriminalizing the financing of terrorist activities, with the main objective of destroying the economic base of terrorist activities, It is of great significance to combat and curb terrorist activities. Through the construction of anti-terrorist financing strategy, we can detect and prevent terrorist activities in time, control illegal funds to ensure the security of economic activities, and finally destroy the economic base of terrorist activities. Through the study and comparison of the experience of the international community and the representative countries of the West in anti-terrorist financing, it is not difficult to find that it is an effective means of decriminalizing specific economic activities and curbing upstream criminal activities, Anti-terrorist financing strategy and anti-money laundering strategy are also highly valued. The International Convention for the suppression of the financing of Terrorism, adopted by the United Nations, and the Financial Action Task Force have made a clear deployment of a global counter-terrorism financing strategy on the nine special recommendations for combating terrorist financing, The United States, Britain, Canada and other countries have also responded and implemented positively in their domestic laws, thus effectively improving their ability to combat terrorist activities. The anti-terrorist financing strategy of our country is still in the layout stage, and the present situation of "zero application" in trial practice is not suitable for the actual situation of domestic terrorist activities at present. Therefore, we should perfect the criminal legislation, establish the turning system of "freezing" and "forfeiture", explore the incentive mechanism and perfect the law enforcement agencies, so as to construct a perfect strategic system of anti-terrorist financing as soon as possible.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D997.9
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