网络时代微恐怖主义及其立法治理

Research on Micro-Terrorism and Its Legislative Measures in the Age of Network

在信息化网络化时代背景下,微恐怖活动滋生蔓延,网络应用改变了微恐怖主义的活动形态,使微恐怖主义具有跨国延展性和灵活的组织性,成为当前恐怖活动的最新组织形态。在微恐怖活动形成的作用因素中,网络环境是其形成发展的主要温床,潜在恐怖活动人员中的重点人物是微恐怖活动的"大脑"。法律手段是应对网络时代微恐怖活动最重要力量,虽然现有立法已经对微恐怖活动形成的要素作出规制,但仍存在立法缺憾。要有效遏制网络时代的微恐怖活动,应当在协调反恐行政法与反恐刑法的基础上,对微恐怖活动的网络生存空间进行立法严控,从立法上防范重点人员并巩固反恐斗争的社会基础,织密防控的法网。

At present, large-scale and organized terrorist activities are difficult to implement due to the tight control against terrorist organizations by the anti-terrorism departments of various countries. Individual or loosely organized micro-terrorist activities become the latest strategy and latest form of terrorist activities. Under the background of globalization and network era, the combination with network makes micro-terrorism transnationally extended and flexibly organized. Micro- terrorism becomes a threat to national security that should not be underestimated. The main topics to be discussed in this paper are： What is Micro-Terrorism ？ What are the characteristics of micro-terrorism in the Internet age？ How is micro- terrorism formed in the age of network, and how to regulate it through legislation？ This paper analyzes and defines micro-terrorism and its characteristics in the Internet age. Micro-terrorism, also known as small-scale terrorism, with loose organization, geographical dispersion and irregular hour. It is the latest form of terrorist activities. Compared with the traditional terrorist activities, micro-terrorist activities in the Internet age, with the help of highly developed ]nternet and multimedia technologies, shows a trend o{ strict organizations and transnational extension. Our country should take measures against micro-terrorism, among which the legal means is the most important and effective one. Only by establishing perfect legal prevention and controlling mechanism can we provide strong foundation for combating micro-terrorism. This article is to discuss the prevention and control of micro-terrorism from the perspective of legislative governance. A lot of factors result in the generation of micro-terrorism in the Internet age. However, blocking the resources according to its forming mechanism should be the key. The basic theories of the crime formation are focusing on the physical settings, offenders and the role of counter-force in a crime, and these factors are the key points of our governance. In the formation mechanism of micro-terrorist activities, the network environment, micro-terrorist activities personnel and anti-terrorism forces play important roles. Although relevant regulations are already in existence, more efforts are needed to tackle the following specific problems： First of all, the network environment plays a supporting role in the formation of micro-terrorism. However, the legislative provisions against ＂toxic sources＂, ＂toxic materials＂ and crime-related processes are incomprehensive or inadequate. What＇s more, some potential terrorists who play a leading role in terrorist crime are out of touch by the existing provisions. Last but not least, counter-terrorism forces are major constraints toward such crime, provisions of anti-terrorism liability of the public and lnternet service providers are inadequate. The main conclusion of this paper is that, effective measures to the key links and key objects should be taken in order to curb the micro-terrorist activities effectively in the Internet age. In addition, relevant provisions should be perfected to hinder the formation of micro-terrorist activities process, basis on the coordination of administrative law and criminal law against terrorism. Firstly, it is important to balance between the application of administrative law and criminal law against terrorism to achieve the convergence and transition of the administrative law （mainly anti-terrorism law） and criminal law; Secondly, provisions as ＂blocking source＂, ＂open circuit＂, ＂broken network＂ and ＂detoxification＂ aimed at breaking the network environment of micro-terrorism should be carried out; Thirdly, it is necessary to distinguish potential micro- terrorists personnel from the beginning and especially prevent religious leaders, intellectual elites and public officials becoming spiritual leaders in the promotion of terrorism by virtue of their advantage. Lastly, it is essential to consolidate the social foundation of anti-terrorism by legislation, for example promoting the public the backbone of anti-terrorism and making clear of the legal responsibility of network service provider so as to make them the basis of anti-terrorism forces. The innovations of this article mainly display in the following aspects： In the first place, the concept of micro-terrorism is introduced and the characteristics of micro-terrorism in the Internet age are systematically expounded. In the second place, a comprehensive analysis of the factors for the formation of micro-terrorist activities in the Internet age is conducted. What＇s more, current situation and difficulties in legislation are clarified according to the provisions of the 9th Amendment of Criminal Law, the Anti-Terrorism Law and the Network Security Law. In the third place, the target of the paper is to seek for the governance path of micro-terrorism in the Internet age from the perspective of legislation, to be more specific, to make the governance of micro-terrorism into the rule of law track, with the hope of providing legislative guidance for combating micro-terrorism in the network era.