恐怖主义犯罪及防治
发布时间：2018-10-13 09:16
【摘要】：翻开人类社会的发展史，我们就会明白，恐怖主义犯罪其实自古就有。中国古代的荆轲刺秦王和公元前44年古罗马统治者朱利乌斯·凯撒的被刺，是人类记载的最古老的恐怖活动。现代意义上的恐怖主义犯罪起源于20世纪60年代，70-80年代得到迅速发展，90年代后愈演愈烈。“9·11”事件和“巴厘岛爆炸案”是现代恐怖主义犯罪达到高潮的重要标志。有人把它和政治腐败、环境污染并称为“二十一世纪人类面临的三大威胁”。因此，惩治恐怖主义犯罪已经成为国际社会共同关注的重大历史课题。 本文在广泛搜集国内外专家、学者的各种学术观点和研究成果的基础上，除前言和结束语外，共分六部分对恐怖主义犯罪的相关问题进行了分析和探讨。 第一部分是本文的重点内容，主要阐述了恐怖主义犯罪的基本概念和认定标准。在总结了国内外关于“恐怖主义犯罪”概念基本状况的基础上，提出了本人自己的观点。其一，“恐怖活动”与“恐怖主义活动”是有区别的，“恐怖犯罪”不完全等同于“恐怖主义犯罪”。其二，提出了恐怖主义犯罪的四个认定标准，即“犯罪手段上的暴力性或其它毁灭性标准、犯罪目的上的政治性或次政治性标准、犯罪对象上的无辜性标准和犯罪后果上的恐怖性效应标准”；并对“国家能否成为恐怖主义犯罪的主体”这一颇有争议的问题进行了重点探讨和分析。 第二部分主要对恐怖主义犯罪作了传统意义上的分类，并对各种类型的特点、主要组织及典型案例进行了简单的梳理和总结；同时对近年来出现的“大规模毁灭性恐怖主义犯罪、网络恐怖主义犯罪和生态恐怖主义犯罪”等几种新的类型也进行了简单的归纳。 第三部分主要介绍了了恐怖主义犯罪的几种主要犯罪手段。 第四部分从理论上和现实上探讨了恐怖主义犯罪的根源。重点介绍了“文明冲突说、戏剧说和越轨说”等三个理论学说和恐怖主义犯罪的五种现实根源，并指出恐怖主义犯罪内在的深刻根源是国际旧秩序所造成的发展不平衡。 第五部分也是是该文章的重点内容之一。在总结恐怖主义犯罪发展趋势的基础上，指出了当前国际社会在反恐实践中的种种缺陷和不足，，然后重点从七个方面阐述了国际社会应当采取的恐怖主义犯罪防治策略。 第六部分是文章的结束部分，也是本人撰写该篇论文的目的所在。该部分主要涉及的是我国的反恐实践及相关的立法建议。首先，以“东突”恐怖势力为切入点，简单回
[Abstract]:By opening up the history of human society, we will understand that terrorist crimes have existed since ancient times. The assassination of King Jing Ke in ancient China and Julius Caesar, the Roman ruler in 44 BC, is the oldest terrorist activity recorded by mankind. In the modern sense, the terrorist crime originated in the 1960s, developed rapidly in the 1970s and 1980s, and intensified in the 1990s. The September 11 incident and the Bali bombing are the important symbols of the climax of the modern terrorist crime. Some people call it political corruption and environmental pollution as "three threats to mankind in the 21 century." Therefore, punishing the crime of terrorism has become a major historical issue of common concern of the international community. Based on the extensive collection of domestic and foreign experts and scholars' various academic viewpoints and research results, this paper analyzes and discusses the related problems of terrorism crime in six parts except the preface and the conclusion. The first part is the main content of this paper, mainly elaborated the basic concept of terrorist crime and standards. On the basis of summarizing the basic situation of the concept of "terrorist crime" at home and abroad, this paper puts forward my own viewpoint. First, "terrorist activity" and "terrorist activity" are different, "terrorist crime" is not exactly equivalent to "terrorist crime". Secondly, it puts forward four standards for the determination of terrorist crimes, namely, "violent or other destructive standards of criminal means," political or sub-political standards of criminal purpose, The criterion of innocence on the object of crime and the criterion of terror effect on the consequence of crime "and the controversial question of whether the state can be the subject of the crime of terrorism" is discussed and analyzed emphatically. The second part mainly classifies the crime of terrorism in the traditional sense, and summarizes the characteristics of various types, main organizations and typical cases. At the same time, some new types such as "terrorism of mass destruction, crime of network terrorism and crime of ecological terrorism" are summarized. The third part mainly introduces the main means of terrorism crime. The fourth part discusses the root of terrorism crime theoretically and practically. This paper mainly introduces the three theories of "the Theory of Civilization conflict, the Theory of Drama and the Theory of Transcendence", and points out that the inner deep root of the crime of terrorism is the imbalance of development caused by the old international order. The fifth part is also one of the key contents of this article. On the basis of summing up the development trend of terrorism crime, this paper points out the defects and shortcomings of the current international community in the practice of terrorism, and then expounds the prevention and control strategy of terrorism crime that should be adopted by the international community from seven aspects. The sixth part is the end of the article, which is the purpose of my thesis. This part is mainly concerned with our anti-terrorism practice and related legislative recommendations. First of all, take the "East Turkistan" terrorist forces as the starting point, and simply return
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917.6
本文编号：2268067
[Abstract]:By opening up the history of human society, we will understand that terrorist crimes have existed since ancient times. The assassination of King Jing Ke in ancient China and Julius Caesar, the Roman ruler in 44 BC, is the oldest terrorist activity recorded by mankind. In the modern sense, the terrorist crime originated in the 1960s, developed rapidly in the 1970s and 1980s, and intensified in the 1990s. The September 11 incident and the Bali bombing are the important symbols of the climax of the modern terrorist crime. Some people call it political corruption and environmental pollution as "three threats to mankind in the 21 century." Therefore, punishing the crime of terrorism has become a major historical issue of common concern of the international community. Based on the extensive collection of domestic and foreign experts and scholars' various academic viewpoints and research results, this paper analyzes and discusses the related problems of terrorism crime in six parts except the preface and the conclusion. The first part is the main content of this paper, mainly elaborated the basic concept of terrorist crime and standards. On the basis of summarizing the basic situation of the concept of "terrorist crime" at home and abroad, this paper puts forward my own viewpoint. First, "terrorist activity" and "terrorist activity" are different, "terrorist crime" is not exactly equivalent to "terrorist crime". Secondly, it puts forward four standards for the determination of terrorist crimes, namely, "violent or other destructive standards of criminal means," political or sub-political standards of criminal purpose, The criterion of innocence on the object of crime and the criterion of terror effect on the consequence of crime "and the controversial question of whether the state can be the subject of the crime of terrorism" is discussed and analyzed emphatically. The second part mainly classifies the crime of terrorism in the traditional sense, and summarizes the characteristics of various types, main organizations and typical cases. At the same time, some new types such as "terrorism of mass destruction, crime of network terrorism and crime of ecological terrorism" are summarized. The third part mainly introduces the main means of terrorism crime. The fourth part discusses the root of terrorism crime theoretically and practically. This paper mainly introduces the three theories of "the Theory of Civilization conflict, the Theory of Drama and the Theory of Transcendence", and points out that the inner deep root of the crime of terrorism is the imbalance of development caused by the old international order. The fifth part is also one of the key contents of this article. On the basis of summing up the development trend of terrorism crime, this paper points out the defects and shortcomings of the current international community in the practice of terrorism, and then expounds the prevention and control strategy of terrorism crime that should be adopted by the international community from seven aspects. The sixth part is the end of the article, which is the purpose of my thesis. This part is mainly concerned with our anti-terrorism practice and related legislative recommendations. First of all, take the "East Turkistan" terrorist forces as the starting point, and simply return
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917.6
【参考文献】
相关期刊论文 前1条
1 倪建平;国际恐怖活动与美国的国家安全战略[J];国际观察;1999年03期
本文编号：2268067
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