帮助恐怖活动罪的理解与适用

Understanding of Aiding Terrorist Crimes and its judicial application

恐怖活动犯罪具有严重的社会危害性,资助、招募和运送人员的行为为恐怖活动犯罪提供源源不断的动力支持。为有效打击上述行为,《刑法修正案(三)》增设资助恐怖活动罪,《刑法修正案(九)》对其罪状进行了扩充并更名为帮助恐怖活动罪。这就需要通过对帮助恐怖活动罪的立法流变、性质、内容以及法律适用问题进行分析,解决类型化的帮助行为正犯化带来的司法认定困境,为本罪在司法中的适用提供建议。

The terrorist crime has serious social harmfulness, which gains a steady stream of motivation from financing,recruitment and transportation of personnel. The crime of financing terrorist activities was added in the 3 rd Amendment of Criminal Law in order to effectively fight against the above behaviors, and it is further expanded to be the crime of aiding terrorist activities in the 9 th Amendment of Criminal Law. Suggestions for the application of aiding terrorist crimes are provided aiming to solve judicial identification dilemma caused by inaccurate judgment the typed helping behavior as principal offender based on the analyses of its legislative background,nature,content and application.