恐怖活动组织和人员行政认定除名机制比较研究

A Comparative Study on the Delisting Mechanism of Administrative Identification of Terrorist Organizations and Personnel

恐怖活动组织和人员行政认定除名被动审查机制,限缩了利用除名分化瓦解恐怖活动组织和人员的正当路径。从反恐国际合作视野审视,行政认定来源多元化与除名申请主体单一化间的矛盾影响恐怖活动组织和人员名单的准确性。除名标准不明,叠加认定标准的宽泛,行政认定权的滥用尤需警惕。建议明确国家反恐怖主义工作领导机构对恐怖活动组织和人员名单的主动调整权,增设名单定期审查机制,引入除名审查"二分法",分别规定安理会认定的恐怖名单和我国认定的该名单外其他恐怖活动组织和人员的除名审查,并针对依职权和依申请的除名审查,设立不同审查标准,强化除名审查的权利保障。

The passive review mechanism for administrative identification of terrorist organizations and personnel limits the legitimate path to disrupt terrorist organizations and personnel by using delisting differentiation.From the perspective of international cooperation against terrorism,the contradiction between the diversification of administrative identification sources and the simplification of delisting applicants affects the accuracy of terrorist organizations and personnel lists.The delisting standard is unclear,and the listing criteria is broad,we should especially keep vigilance with the abuse of administrative listing in the name of order and security.It is necessary to learn from foreign relative laws to reposition delisting values,endow the National Leadership Organization for Anti-Terrorism with the authority to adjust the Designated Terrorism Persons and Organizations List actively,add regularly listing review mechanism.When reviewing the delisting application,by the method of dichotomy,it is advised to make a distinction between UNSC Terrorism Sanction List and other list designated by the National Leadership Organization for Anti-Terrorism and also make a distinction between active delisting review and passive delisting review by stipulating different delisting standards,and strengthen human rights protection in the administrative delisting procedure at the same time.