俄罗斯反恐立法特点评介——附:2006年《俄罗斯联邦反恐怖主义法》

Commentary on The Characteristics of Anti-Terrorist Legislation of Russia:Federal Anti-Terrorism Act in Russia 2006

俄罗斯恐怖活动异常活跃,其危害性远远大于普通的刑事犯罪。恐怖活动的频发必然推动反恐立法的发展,世界各国联合反恐的需要也促成了俄反恐立法的跟进。俄罗斯反恐采双层式的立法模式:一为前置性专门法律,侧重反恐预警与反恐活动的展开,即专门的反恐怖主义法;二为事后防控性的刑事基本法,重点预防和控制恐怖活动犯罪,即俄罗斯联邦刑法典对恐怖主义犯罪的规定。俄罗斯反恐立法以抛弃恐怖主义政治目的说、立法内容丰富、立法体系多样见长。在反恐立法取向上全方位出击,以宪法为轴心,将基本刑事法典与专门的反恐法相结合,实体法具体个罪的应用与刑事诉讼程序法相呼应,基本法与反恐规章、条例的辅助法相衔接,它们相辅相成,互相配合,构成了较为完善的反恐立法体系。透过俄罗斯反恐立法全貌,管窥俄罗斯反恐立法的特点,吸取其成功的经验,以为我国制定相关立法所借鉴。

Terrorist activities in Russia are extremely active and the detriments of those activities is far more severe than normal crimes. The frequent terrorist activities are bound to improve the development of anti-terrorists legislation, and the need of joint anti-terrorist activities of all the countries in the world results in the prompt improvement of legislation of anti-terrorists. The mode of the Russian anti-terrorist legislation is double-tier, one of them is pre-specialized law, which is mainly concerned with the early warning of anti-terrorist and anti-terrorist activity, that＇s the specialized anti-terrorist law. On the other side, there is the basic criminal law after the event for precaution and controlling, the emphasis here is to prevent and control terrorists crime, that＇s the stipulations of terrorism in The Russia federal code, around twenty of them. The Russia anti-terrorist legislation is brilliant with discarding the doctrine of terrorism politics goals, the abundance of its contents and the diversification of the system. The legislation orientation is comprehensive, using constitution as the center, combining basic criminal law and the specialized anti-terrorist Law, and the application of individual crime prescribed in the substantive law in cooperation with the stipulations of the criminal procedural law, and the fundamental law links up the anti-terrorist rules and regulations. They supplement with each other and cooperate with each other, establishing a complete anti-terrorist law. Through all the aspects of the anti-terrorists law, and from the characteristics of the anti-terrorists law in Russia, we can learn something for China＇s anti-terrorist practice from Russia＇s successful experiences.