中外反恐立法的比较分析与完善

当前,恐怖活动犯罪的社会危害性日益凸显,威胁着全球范围内的和平稳定秩序。我国一直在国际法层面和国内法层面对反恐立法进行探索,尤其是2011年《关于加强反恐怖工作的决定》的出台,意味着我国已经确定了以此决定为核心的独立式立法模式,我国反恐立法水平达到了新的高度。与国外相比,我国在立法内容、罪名设置、相关程序法等方面仍存在诸多不足。本文将通过对国外反恐立法内容比较总结,在本土化资源话语体系下,对外国立法经验进行选择性借鉴。

Comparative Analysis and Improvement of Chinese and foreign anti-terrorism legislation

At present,the social harmfulness of terrorism crime has become increasingly serious. Terrorist activities are threatening the peace and stability in the global order.China has been ex-ploring anti-terrorism legislation both in international law and domestic law levels.The＂decision on strengthening the work on anti-terrorism＂introduced in 2011 means that China has established this decision as its core of the independent legislation mode and symbolizes that China＇s anti-ter-rorism legislation level has reached a new height.Compared with other countries,China＇s anti-ter-rorism legislation still exist many deficiencies in such aspects as the legislation content,charges set and the relevant procedural law.By comparing and summarizing the anti-terrorism legislation content abroad,this paper is to selectively draw lessons from foreign legislative experience to im-prove China＇s anti-terrorism legislation.