防治恐怖分子跨境流动的英国立法及启示

United Kingdom Legislation and Its Enlightenment on Preventing the Cross-Border Movement of Terrorists

恐怖主义国际化引发的恐怖分子跨境流动频发现象已成为各国反恐立法关注的重点。为有效应对此类行为,英国积极推动反恐立法,逐步构建了以行政措施为基础,刑法规制为保障的相对完备的防治体系。其内容包括扣押证件、临时禁入令及剥夺国籍的递进式行政强制措施和通过预防性刑法规制将跨境准备实施恐怖活动等预备行为犯罪化。对照英国相关立法经验,我国在防范恐怖分子跨境流动方面虽然也确立了出入境限制、预备行为犯罪化等应对措施,但仍应继续完善其制度构建,同时也可借鉴剥夺国籍等防治手段。

The frequent cross-border movement of terrorists caused by the internationalization of terrorism which has become an important focus of national anti-terrorism legislation. In order to effectively deal with these behaviors, United Kingdom has actively promoted anti-terrorism legislation, and built a relatively complete prevention and control system based on administrative measures and guaranteed by criminal law regulation. The contents include: Firstly, the progressive administrative coercive measures of detain documents, temporary injunctions, and deprivation of nationality. Secondly, criminalize preparatory behaviors such as cross-border preparations for terrorist activities through preventive criminal law regulation. Compared with the relevant legislation experience in United Kingdom, although China has also established measures to prevent the cross-border movement of terrorists, such as entry-exit restriction and criminalization of preparatory behaviors, but we should continue to improve the construction of relevant systems, at the same time, we should also learn from the prevention and control methods such as deprivation of nationality.