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《Journal of Lanzhou University(Social Sciences)》 2018-05
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An Analysis of the Route of the State Legislation under New Developments in Anti-Terrorism

CUI Han-yu;Law School, Beihang University;  
Globally, the anti-terrorism practices are in the same dilemma: how to formulate a law that can protect human rights and provide the necessary space for the effective development of anti-terrorism activities." Guantanamo Dilemma"is a typical case. To solve this dilemma, different countries have adopted different anti-terrorism legislative models. currently, there are two major anti-terrorism legislative paths.One is the traditional one following the basic theory of criminal law. It is also the resources of the antiterrorism legislation of most countries. The emerging one is based on the law of war with the Law of Illegal Combatants promulgated by Israel in 2002 as a typical example. The enactment of this law aims to resolve two thorny issues in Israel's anti-terrorism dilemma: identification of terrorists and preventive measures against terrorists. The law has enhanced Israel's preventive measures against terrorism, and to a certain extent,safeguarded the human rights of terrorists, thus enabling the anti-terrorism actions to be carried out smoothly despite the systemic and practical problems. Confronted by the same anti-terrorism dilemma, China should absorb and draw on the advantages of the two designs to establish a legislative model combining prevention with punishment and incorporate new legislative principles into the anti-terrorism legislation so as to promote its implementation.
【Fund】: 教育部人文社会科学重点研究基地北京大学宪法与行政法研究中心重大项目“协商民主与国家治理现代化研究”(16JJD820003)
【CateGory Index】: D922.14
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