试论我国反恐刑事特别程序立法之必要性与紧迫性

On Necessity and Urgency of Legislation for Anti-Terrorism Criminal Special Procedure in China

我国虽然在《刑法修正案(三)》中增补了有关恐怖活动犯罪的罪名,也相应加重了其法定刑,但是,我国还没有专门就恐怖活动犯罪的刑事诉讼程序作出规定。在反恐实践中,面临着采取反恐特别措施无法律依据、随意性大、取证难、审讯难等许多法律难题,而我国反恐怖斗争的长期性、复杂性和尖锐性却日益突出。因此,我国有必要抓紧对此作出相应的立法规定。

Although China has added the charge of terrorism crime and strengthened the legal penalty, China hasn＇t made regulations specially focused on the criminal action procedure of terrorism crime. In practice of anti - terrorism, we are confronted with many legal problems of anti - terrorism special measure including the lack of legal argument, the great spontaneity, the hardship of evidence - obtaining and interrogation, yet the long - term, com- plexity, acuteness of China＇s anti- terrorism is more and more extrusive. Therefore, it is necessary for China to make corresponding legislation as soon as possible.