The establishment of the Absichtsdelikte model of criminal law for controlling terrorist crimes: The case of China

Under the influence of religious extremism, terrorists in China have used crime and violence as a means of creating terror and spreading panic in order to achieve the goal of splitting China. While criminal law could be an effective instrument for fighting against terrorism, the essential characteri...

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Bibliographic Details
Authors: Jian, Kunyi (Author) ; Nai, Peng (Author) ; Yang, Guang (Author) ; Yu, Tao (Author)
Format: Electronic Article
Language:English
Published: 2020
In: International journal of law, crime and justice
Year: 2020, Volume: 60
Online Access: Volltext (Resolving-System)
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Keywords:
Absichtsdelikte
China
Crime motivation
Criminal Law
Terrorist crimes
Description
Summary:Under the influence of religious extremism, terrorists in China have used crime and violence as a means of creating terror and spreading panic in order to achieve the goal of splitting China. While criminal law could be an effective instrument for fighting against terrorism, the essential characteristics of terrorism in China require a reconstruction of the criminal legal system around the Absichtsdelikte model by introducing terrorist motivation into the constitutive elements of terrorist crimes. This article argues that this rather innovative legislative model can help to align the crime with the punishment in the field of counter-terrorism legislation and would be helpful for crime prevention as well.
ISSN:1756-0616
DOI:10.1016/j.ijlcj.2019.100366