Legislative principles to combat terrorist crimes under the rule of law: In an example to analyze the draft of Anti-terrorism Law
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    Abstract:

    The rule of law should be the goal of building a socialist legal system.Legislative efforts to combat terrorist crimes ought to be included within the framework of the rule of law.The rule of law is the art trade-off between freedom and order, rights and power.Legislative efforts to combat terrorist crimes need to have a good balance between freedom and order, right and power.It is not desirable to think that there is a "half and half" balance between freedom and order.Since the weigh-style cogitation taking into account characteristics of counter-terrorism, it is advocated.Legislative principles to combat terrorist crimes include:the principle of supremacy of the Constitution, the principle of maintaining order, the principle of protecting rights, and the scientific principle.The whole "People's Republic of China Anti-terrorism Act (draft)" shows the feature of "enough severity but insufficient flexibility".The concept of relying on power to protect order is contrary to the rule of law, so the weigh-style cogitation should be applied to correct it.

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赵天水.法治视野下打击恐怖犯罪的立法原则探索——以反恐法草案为例展开分析[J].重庆大学学报社会科学版,2017,23(2):89~96

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History
  • Received:December 20,2016
  • Revised:
  • Adopted:
  • Online: April 10,2017
  • Published: