风险社会下我国反恐立法和策略的检讨与完善

Review and Improvement of China’s Anti-terrorism Legislation and Strategy in the Risk Society

＂风险刑法观＂的发展根源于风险社会的提出,其核心思想是全球性的风险将在当前这一时期逐步呈现,其对我国关于恐怖活动犯罪的研究形成了＂倒逼＂式拷问。近几年来我国境内恐怖袭击事件频发,又因民族多样、国境线绵长、相邻国家繁多等特点,致使我国的恐怖活动犯罪较之于西方国家更加复杂。同时,我国恐怖活动犯罪的犯罪主体、地域范围、犯罪手段、犯罪对象以及犯罪动机等方面都演变出了新的特征,这就导致我国反恐立法和策略不能及时转变,极易出现漏洞。《刑法修正案（九）》与《反恐怖主义法》的相继出台,一定程度上弥补了上述漏洞与不足,且都对恐怖活动犯罪采取了＂严厉惩治＂的态度。然而当前我国恐怖活动犯罪的防控策略仍旧存在许多不足之处,应当从界定相关模糊概念、改善恐怖组织和人员认定机制、注重从源头化解涉恐矛盾、积极打击＂毒恐合流＂犯罪等方面作出相应的完善对策。

The development of the concept of risk criminal law originates from the risk society, the core idea is that the global risks will gradually appear in the current period, and the study of terrorist crimes in China has formed a forced torture. In recent years, terrorist attacks have occurred frequently in china, yet due to the various characteristics of the country＇s ethnic diversity, various borders with a range of neigh- boring countries, the crime of terrorist activities in China is more complicated than that of western countries. At the same time, China＇s terrorist activities crime subject, geographical scope, crime means, criminal ob- ject and crime motivation have evolved new features, this leads to China＇s anti - terrorism legislation and strategies can not change in time and vulnerable to loopholes. The amendments to the Criminal Law （ninth） and the Anti -terrorism Law have been introduced to a certain extent to make up for the above loopholes and deficiencies, furthermore, they all take the attitude of punishing severely for terrorist crimes. However, there are still many deficiencies in the prevention and control strategy of terrorist activities in China. We should make improvement from the definition of relevant fuzzy concepts, improvement of the identification mechanism of terrorist organizations and personnel, focusing on resolving conflicts related to terrorism from the source, and actively crack down on the crime of combining drugs with terrorism.