Abstracts · Abstract A1

Counter Crimes of Terrorism By Way of Mechanism of Criminal Due Process

Ni-ChunLe

Forensic Science Seminar · 2011 · Volume 1 · Issue 1 · pp. 26–27

Original Abstract

Abstract

Crimes of terrorism are one of the most important international security topics nowadays. After the “9·11” attack and the other terror crimes in Europe (such as in London, Madrid, Beslan), the terrorism has been the cancer for the global peace and stabilization. The anti-terrorism situation is increasingly bad, and the international community has taken varieties of measures. After the “9·11” attack, the General Assembly and the Security Council of the United Nations have passed lots of resolutions about how to manage the terrorism crimes. Meanwhile, they advocate “protect the human rights and the basic liberties when counter terrorist”. Regional international organizations such as the EU, the ASEAN, the OAS, the AU, the league of Arab states, and the SCO put forwards anti-terrorism conventions. On one hand, these conventions can offer conditions for legal cooperation; on the other hand, they are contributed to decrease disagreements between contraries. Especially, they emphasize advancing the efficiency of the counter-terrorism measures when assurance of the human rights. As the sovereign states are concerned, no matter which belonged to the Anglo-American legal system, such as the United Kingdom, the USA, Canada, Australia, or which belonged to the continental legal system, such as France, German, Spain, they all implement systematic reforms to their anti-terrorism legislations and criminal procedure laws. Nowadays, there are two main kinds of counter terrorism general plans. One is to see the terrorism as a armed conflict directing to sovereign countries. So, they try to wage a “war on terror” in order to eliminate terrorism. And the other is to regard the terrorist attacks as crimes. And the special criminal procedures must be designed so as to effectively dealt with these special crimes. In fact, the “war on terror” model has lots of drawbacks, and the latter is absolutely a reasonable way. Today, there are four basic premises for a special criminal procedure to crimes of terrorism. Firstly, crimes of terrorism have their specialties comparing with the normal crimes. Secondly, attentions must be paid to the experience and lessons of the international community on dealing with terrorism. Thirdly, the UN and other regional international organizations have released and signed many resolutions and conventions, On which the special criminal procedure must be rested. Fourthly, there are great academic improvements about the criminal justice. When designing the special criminal procedure directing to the crimes of terror, three presumptions must be insisted. One, the security must be in preferred status as the value orientation is concerned. Two, the bottom-line “due process” criminal procedural rights must be guaranteed. Three, dynamic balance must be kept between the power of the states to punish the guilty and protect the fundamental human rights. China has been confronted with severe situation when countering terrorism. Terrorists in Xinjiang and Tibet have launched lots of terror attacks pointing at the common people. Countering criminals of terrorism has been one of the most urgent tasks in security domain. And it is absolutely the inevitable choice to deal with the terrorism with the mechanism of litigation, which is based on criminal procedure laws. Nevertheless, there are desperate shortages of legal resources. The criminal process law has to be reformed in order to meet the dual demands as to strike the terror crimes and protect human rights. The reforms in China must stick to the principle of rule of law, the principle of equality of treatment, principle of appropriation, the principle of prior protection of victims, principle of protection of basic rights. Meanwhile, the reforms must pay attention to the actual national situation of China. Also, the reform should have perspectivenesses and innovativeness.

Keywords: Terrorism; Criminal procedure; Camparative research; China

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