英国《恐怖主义预防和侦查措施法(2011)》对构建我国预防性控制制度的启示

Enlightenment from Britain's Terrorism Prevention and Investigation Measures Act 2011 to the establishment of the preventive control system in China

我国逐渐成为恐怖主义犯罪的主要受害国,正常的社会生活秩序受到严重干扰,恐怖袭击造成生命和财产的重大损失。我国现有以刑事实体法为主的反恐策略,对恐怖威胁的遏制力有限,应当加强对恐怖主义犯罪的事前预防。英国近十余年来通过不断修订其反恐法律,建立了较为完善的针对恐怖主义犯罪嫌疑人的预防性人身限制体系。我国可以借鉴其理念与制度,完善对抗恐怖主义的法律制度,尝试以监视居住制度为蓝本,拓展其适用范围,细化实施方案,建立反恐预防性控制制度。

In recent years,China has gradually become a main target of terrorist attacks and its so-cial stability has been awfully interfered.Such attacks have resulted in a heavy loss of lives and prop-erty.The existing anti-terrorism policy relies on the criminal law,which lacks efficiency.Preventive measures should play an more important role.UK has spent scores of year improving its anti-terror-ism legal system,and set up a comprehensive preventive measure system.It practice can shed light on China’s anti-terrorism policy.It is worthwhile to learn its principles and system as well as its specific measures for improving our anti-terrorism law.Residential surveillance is a reasonable measure and its improvement will help establish the system of preventive control measures for terror suspects.