我国反恐刑法对策应走出“完善立法”的误区

The Criminal Countermeasures on Antiterrorism in Our Country should Walk Out the Misunderstanding of Improving Legislation

我国的反恐刑事立法经历过防患于未然、因应国际反恐形势与因应国内反恐需要等三个阶段的完善,已足以应付打击恐怖犯罪活动的现实需求。现行反恐刑法对策不宜再以"完善立法"为核心,无论立法模式还是立法内容的完善建议均无充分理由,无助于反恐实践,我国反恐的刑法对策应转向"强化司法"。中外反恐对策中刑法考量因素存在差异,国外多因偏离刑法而被要求回归刑法,我国则是要求依据刑法,强化刑法实施。

The criminal legislation on Antiterrorism in our country has experienced three stages, which are prior restraint, coping with International Situation, coping with the domestic situation. It is enough to respond to the realistic request of controlling Terrorism crime. The current criminal countermeasures on antiterrorism should not be with improving legislation at the core, but should turn to reinforce justice. There are some differences of criminal consideration factors between The Chinese and foreign Antiterrorists c Many countermeasures abroad are requested to return to criminal law because they deviated from the criminal law. In our country, countermeasures are requested to be according to criminal law and reinforce the criminal law.