我国反恐立法的进程与前景——犯罪学视角的解析

On Process and Prospect of Anti-terrorism Legislation in China——An Analysis from the Perspective of Criminology

我国反恐立法在刑事实体、刑事程序以及反恐法律制定上均取得了一定的进展,但整体进步仍显得比较迟缓。从反恐立法整体层面看,已开创了反恐立法的新格局,但尚存不足,需要调整与完善;从法制与法治建设框架下分析,有可圈可点之处,但在基本理念、定位上还不够明晰,推进方向、目标不够明确;从我国治理犯罪宏观背景透视,已开启了治理恐怖主义的立法思路,但需要加以完善与探索。展望反恐法律体系整体发展前景:以预防为主导的反恐治理的立法思路向前推进;惩治恐怖活动犯罪法制化与法治化的方向逐渐明确,凸显保障人权与被害人权益的立法精神;突出区域、国际合作反恐的立法思路。

Anti -terrorism legislation in China criminal procedure and formulation of anti - terrorism has witnessed some progress on aspects of criminal entity, laws. But on the whole the progress seems to be slow. The new pattern of anti - terrorism legislation has been established from the overall level of anti - terrorism legislation, but there is still a lot of room to be adjusted and improved. From the perspective of construction of rule by law and legal system, anti- terrorism legislation deserves applause, but its basic concept and position are not very clear, orientation and target are not explicit. From the ushered legislative thoughts of anti - terrorism, development of anti - terrorism legal system： perspective of macroscopic background of crime governance, it has but it still needs to be improved and explored. A prospect on overall legislative thoughts of anti - terrorism led by prevention will be promoted; the direction of legal system and rule of law in fighting against terrorism will be gradually explicit, in which legislative spirit such as protection of human right and victims＇ rights and interests can find full expression; regional and intemational cooperation on fighting against terrorism will be given high priority in legislative thoughts.