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Anti-terror legislation urged in China

Author  :  Li Yongjie, Zhang Yan     Source  :    Chinese Social Sciences Today     2014-07-18

Governments around the world have adopted a hard-line approach to crack down on terrorism amid its rise around the world in recent years.

China has been rocked by a spate of serious violent crimes and terrorist attacks this year that have resulted in high casualties and severe damage with dramatic implications.

In the wake of domestic terrorist attacks, Chinese experts have urged a tough anti-terrorism law to step up the country’s fight against terrorism.

“China is in dire need of a unified, complete anti-terrorism law because the country is currently borrowing from and revamping other laws to combat terrorism,” said Liu Renwen, director of the Department of Criminal Law at the Institute of Law under the Chinese Academy of Social Sciences.

Shen Dingli, a professor at the Institute of International Studies at Fudan University, said the aim of anti-terrorism legislation should be to coordinate administration means with specialized legal tools to smash terrorist cells.

“It is necessary to warn those engaging in violent and terrorist activities of the consequences they face. Meanwhile, the Chinese people must know that the government is following the legal principle in going after terrorists,” he said.

Since the 9/11 terror attacks in the US, China has stepped up efforts to draft an anti-terrorism law.

Based on research into anti-terrorism strategies and theories, China is primed to introduce an anti-terrorism law, said Ni Chunle, a criminal law expert at Southwest University of Political Science and Law.

However, the overriding concern in drafting anti-terrorism legislation is defining “terror.”

“There are more than 200 [legal] definitions of ‘terror’ in the world, but many of them are paradoxical. We have to devise an acceptable and reliable definition for ‘terror’ in criminal terms,” said Shen.

“Chinese anti-terrorism legislation should be comprehensive, entailing both criminal, judicial approaches and multi-dimensional social governance,” said Ni.

“An anti-terrorism law should incorporate warning and penal provisions, while also taking into account specific considerations, such as finance, cyberspace, culture and more,” he added.

Liu agreed, noting that it is imperative to set up an exclusive anti-terrorism body to analyze and evaluate terrorist threats and provide economic and social assistance along with psychological treatment for victims of terrorist attacks.

China has put terrorist organizations in its legal cross hairs since 1997 when the Criminal Law was amended. In October 2011, the Standing Committee of the National People’s Congress approved the Decision on Issues concerning Strengthening Anti-Terrorism Work to “protect national security and the life and property safety of the people, and maintain social order.” The legal document marked the first step in China’s path toward anti-terrorism legislation, but many obstacles still loom on the road ahead.

Both Ni and Liu pinpointed the method of building a coordinated anti-terrorism legal system as one of the biggest challenges, citing difficulties in aligning an anti-terrorism law with other laws to ensure they do not contradict each other.

 

 

The Chinese version appeared in Chinese Social Sciences Today, No. 615, July 2, 2014.

The Chinese link: http://sscp.cssn.cn/xkpd/xszx/gn/201407/t20140702_1237227.html

 

  

Translated by Chen Mirong

  Revised by Tom Fearon

Editor: Chen Meina

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