论我国对“伊吉拉特”恐怖活动犯罪的刑法规制
发布时间：2018-07-24 17:17
【摘要】："伊吉拉特"行为是我国跨境流动恐怖活动犯罪的常见形式,不光在国内造成了严重危害,对国际社会同样形成巨大威胁,具有刑事处罚的必要性。"伊吉拉特"行为虽然具有出境的外在表现形式,但因其不法与答责性程度远远超出偷越国(边)境罪可能涵盖的范围,所以不应当以偷越国(边)境罪的原刑法条文予以规制,《刑法修正案(九)》将该行为视为恐怖活动犯罪的预备犯,从而加重处罚,具有处断上的合理性。
[Abstract]:"Ijarat" is a common form of cross-border movement of terrorist activities in China, not only causing serious harm in the country, but also posing a great threat to the international community, with the necessity of criminal punishment. " Although Ijarat's "behavior" has the external form of exiting the country, its illegality and responsibilityare far beyond the scope of the crime of crossing the border of the country (borderline). Therefore, it should not be regulated by the original criminal law provisions of the crime of crossing the border of the country (border). The amendment of the Criminal Law (9) regards the act as the preparatory offender of the crime of terrorist activity, thus aggravating the punishment, which has the rationality of judging the crime.
【作者单位】： 中国人民大学法学院;
【分类号】：D924.3
，
本文编号：2142087
[Abstract]:"Ijarat" is a common form of cross-border movement of terrorist activities in China, not only causing serious harm in the country, but also posing a great threat to the international community, with the necessity of criminal punishment. " Although Ijarat's "behavior" has the external form of exiting the country, its illegality and responsibilityare far beyond the scope of the crime of crossing the border of the country (borderline). Therefore, it should not be regulated by the original criminal law provisions of the crime of crossing the border of the country (border). The amendment of the Criminal Law (9) regards the act as the preparatory offender of the crime of terrorist activity, thus aggravating the punishment, which has the rationality of judging the crime.
【作者单位】： 中国人民大学法学院;
【分类号】：D924.3
，
本文编号：2142087
本文链接：https://www.wllwen.com/falvlunwen/xingfalunwen/2142087.html
