The Preventive Turn in Chinese Criminal Law - From the Perspective of Counter-terrorism

Abstract

China’s preventive counter-terrorism legislation is in line with international trends. The maximum penalties for terrorist crimes have been raised and the crackdown on terrorist activities has been intensified with the implementation of the Criminal Law Amendment III. The Criminal Law Amendment IX has introduced a large number of new terrorism-related crimes, making it possible to punish preparatory acts of terrorist activities. This marks a significant advancement in the legislation aimed at preventing terrorism. The legitimacy of preventive counter-terrorism legislation is justified by the functionalist criminal legislation theory and positive general prevention of the purpose of criminal law. In the domains of law enforcement and justice, it is crucial for law enforcement officials to uphold the principle of proportionality to prevent excessive infringement of citizens' fundamental rights like freedom of speech and privacy. Similarly, judicial personnel should interpret legal provisions restrictively, taking into account the specific circumstances of each case.

Keywords: Counter-terrorism, Criminal Law, Justice, Proportionality test

DOI: 10.7176/JLPG/135-12

Publication date:August 31^st 2023