论跨境反恐的法理基础

On the Legal Basis of Cross- border Anti- terrorism

为了有效地打击暴恐犯罪活动,中国出台了《反恐怖主义法》,同时开展跨境反恐行动亦迫在眉睫。笔者以为跨境打击恐怖组织虽然效果良好,但是有必要为此类行动寻求法理基础;譬如,需要有国内立法、联合国安理会的决议、自卫权的行使和区域性组织的反恐协定等奠基;在跨境反恐之前,应征得入境国政府的同意;拥有一支训练有素、速战速决、百战百胜的反恐突击队,果断"亮剑"于境外;推进"一带一路"战略,促进各国经济发展和文化沟通,铲除恐怖主义滋生的根源等对策才能奏效。

Peace and stability is a necessary guarantee in adopting the great strategy of One Belt and One Road（ OBAOR）. However,the activities of ＂ three forces＂across the border have hampered the effect of such a strategy. In order to solve this problem,Chinese government introduced the draft of Anti- Terrorism Act. Meanwhile,the cross- border action against terrorism has also been on the schedule. It seems necessary to implement the above measures for they will maximize the combating effects. We must consider the legal basis of cross- border anti- terrorism,especially when it comes to such issues as follows： 1） There must be domestic laws,UN security council resolutions or regional counter- terrorism agreements 2） It is a necessity to get consent between two governments before the actions. 3） A well- trained antiterrorism commando will lead us to get victory. 4） Implementing OBAOR strategy and promoting culture exchange are the key points to solve the problem referring to the overflow of terrorism.