ABSTRCTS



ABSTRCTS

Special Manuscript

Deeply Discussing the Amendment of "the Two Laws"，putting forward the Development of Procuratorial Theory and Procuratorial System Science

LI Rulin·3·

Li Rulin，Member of the Party Group of the Supreme People’s Procuratorate，Deputy President of the Supreme People’s Procuratorate.

Thematic Seminar—Striking out Terrorism Crimes

Research on Cyber-Terrorism Crime and its Legal Regulation

WANG ZhixiangLIU Ting·6·

Compared to traditional terrorism crime，the cyber-terrorism crime，which is a new kind of terrorism born in the circumstance of information technology revolutionary，has undergone some significant changes both in organization forms and behavior patterns.With the pyramidal structures of terrorist organizations transforming to network structures，the "lone wolf" terror attacks are in a rise.Besides，the target-oriented cyber-terrorism and the tool-oriented cyber-terrorism have become the two major forms of cyber attacks.To cope with the new characteristics of the terrorism，Britain，Germany，Russian and other countries have enacted some relative laws or made some criminal law amendments，gathering much feasible and practicable experience on counterterrorism legislation.In China，the adoption of the Amendment (IX) to the Criminal Law and the Counterterrorism Law in 2015 has offered more well-rounded and solid law guarantee for counter-terrorism，filling up the loopholes in legislation.However，there are still problems in criminal law on regulating cyber-terrorism.These problems need to be addressed and improved.

Cyber-terrorism Crime;Target-oriented;Tool-oriented;Legal Regulation

Wang Zhixiang，Professor，Doctoral Supervisor of College for Criminal Science，Beijing Normal University.Liu Ting，Master of College for Criminal Science，Beijing Normal University.

Study on Cohesion System of Administrative Law and Criminal Law in the Anti-terrorism field

DU Miao·22·

The cohesion system of administrative law and criminal law in anti-terrorism field is the cohesion between the law enforcement by administrative departments and the crime adjudication by court.It mainly concerns with the management of terrorist related act，the identification of the terrorist organization and the terrorist，and the screening of terrorist property.With serious social harmfulness，the terrorist activity has dual illegality and therefore has dual legal liability.It not only should experience administrative confirmations，administrative coercive measures and administrative sanctions，but also should experience the criminal proceeding.In anti-terrorism work，the administrative authority and the judicial authority should work with each other with divided responsibilities.Their coordination should be under check and balance，fully taking advantage of each authority’s feature and preventing and combating terrorism collaboratively.

Key Words:Anti-terroism;Cohesion System of Administrative Law and Criminal Law;Terrorist Activity;Terrorist Property

Du Miao，Procurator of the second branch of Beijing Municipal People’s Procuratorate，Doctor of jurisprudence，Post-doctoral.

On the Factors of Individuals Becoming Terrorists

LAN Di·33·

The research on the individual factors of contemporary international terrorism crime analyzes how to develop the psychological characteristics of terrorists.It is obviously that the social material condition is the decisive factor in the formation and change of terrorism.The specific terrorist personality traits can be divided into two aspects:the physiological characteristics and the psychological characteristics of terrorists.The formation of terrorists’ personality traits are the result of socialization.Therefore the theory of process of socialization can be used to explain how the individual becomes a terrorist and owns the unique personality traits belonging to the terrorists.According to this theory，the process of becoming a terrorist is viewed in two aspects.On the one hand，as an object of socialization，the individual accepts the value and knowledge of terrorism from terrorist groups and terrorists.On the other hand，as a subject of socialization，the individual actively learns the ideology from terrorism and extremism.Through the interaction between the society and the individual，the terrorist establishes a binary logical thinking，distinguishing people and things as either "us" or "enemy"，and view violence as the only way of dissolving the dilemma.

Key Words:Terrorism;Terrorist;the Factors of Individuals Becoming Terrorists;Socialization

Lan Di，Lecturer in the Institute of Anti-Terrorism of Northwest University of Political Science and Law，Doctor of law.

Comparison and Comments on the Crime of Incitement to Terrorism of China and UK

LI ZheZHANG Yi·49·

After several rounds of discussion and negotiation in the house of chambers in UK，the Terrorism Act 2006 defines the indirect incitement to terrorism as a criminal offence with rather specific conditions and remedies.Although the Act was promulgated shortly after the London bombing and was criticized for the ambiguity on some key norms，the possible infringement to freedom of expression and the uncertainty of law，it is still of important reference to the improvement of the legislation concerning the crime of incitement to terrorism in China.It is suggested that an explanatory note or guideline on the crime of incitement to terrorism shall be published for the unification in the application of law.Meanwhile，the incitement crime by means of the publishing of terrorism statement and the dissemination of terrorist publications shall be regulated separately，and some specific preconditions and procedural guarantees shall be added into the current law for a balance of combating terrorism and protecting freedom of expression.

Key Words:Incitement to Terrorism，Public Provocation，Direct Incitement，Indirect Incitement

Li Zhe，Associate Professor of Faculty of Law，University of Macau，Ph.D supervisor，Special Invited Researcher of the Anti-Terrorism Law Research Center of Beijing Normal University.Zhang Yi，Ph.D Candidate of Faculty of Law，University of Macau.

Comparative Study on Terrorist Organization Crime of Russia and China

WO Xiaojing·63·

The terrorist organization crime is a special kind of organized crime.In China，"the crime of organizing，leading and joining a terrorist organization" is the starting point and the main hitting point for the anti-terrorist in criminal law.This is different from Russia，which starts the regulation of terrorism from clarifying the exact nature of terrorism and will not refer to the terrorist organization crimes unless the organization crime with the terrorism nature develops to a rather serious extent.Russia creates two separate crimes for the terrorist organization crime，which are "the crime of organizing and joining a terrorist group" and "the crime of organizing and joining a terrorist group’s activities".In addition，the two nations’ choices of criminal law are also different obviously on the terrorist organization’s position in joint crimes，as well as the behavior forms and the contents of terrorist organization crimes.Analyzing and comparing the similarities and differences of two nations’ criminal law will offer a multi-view’s reference for China’s legislation perfection of terrorist organization crime.

Key Words:Terrorist Organization Crime;Crime Group;Crime Organization

Wo Xiaojing，Ph.D.of Law School of RUC，Assistant Researcher of Research Institute of RUC.

Procuratorial Monograph

On the Attribute of Procuratorial Power in China

WANG ShouanTIAN Kai·79·

The four views on the atrribute of the procuratorial power show that the traditional procuratorial power theory has fallen behind from the practical needs in multiple respects. Taking the independence of the procuratorial power from the public power as the logical starting point and reviewing the power based on its attributes，we can find that the procuratorial power has the legal supervision nature，the judicial nature，the administrative nature and the public nature，among which the legal supervision nature is the essence. A comprehensive understanding of the property of the procuratorial power can provide a reasonable development direction and a theoretical support for the reform of procuratorial work.

Key Words:Procuratorial Power; Legal Supervision; Public Welfare; Procuratorial Reform

Wang Shouan，Professor of Collaborative Innovation Center of Judicial Civilization，President of the Procuratorial Theory Research Institute of the Supreme People's Procuratorate; Tian Kai，Dean and Professor of Henan Branch of National Prosecutors College.

Research on the Internal Supervision Mechanism of the Prosecutorial Power

YANG Chunfu·90·

As the legal supervision organ，the procuratoriate faces the question of "who supervises the supervisor".Establishing and improving the internal supervision mechanism is an important measure to make the procuratorial power self-purify.The procuratorial internal supervision can be divided into the static supervision and the dynamic supervision.The former includes the supervision for the investigation right，the arresting right，and the prosecution right;the latter includes the supervision for the main body，the running process and the result of the operation.For the static supervision，we should build the vertical relationship between the procuratoriate and the procurator of different levels，and the horizontal relationship between the case management departments and the discipline supervision departments.For the dynamic elements，we should build the professional management system for the prosecutors，normalize the internal process for the power operation，and scientize the evaluation mechanism for the operation results，establishing a three-dimensional monitoring network for the procuratoriatial power.

Key Words:Internal Supervision Mechanism;Prosecutorial Power;Legal Supervision;the Independence of the Prosecutor

Yang Chunfu，Doctorial Supervisor and Professor of the Law School of Nanjing University.

Jurisprudential Monograph

The Institutional Development and Theory Evolution of the Administrative Privatization in Germany

ZHAO Hong·103·

Privatization of the administrative tasks has become a wave of the public administrative reform and swept across the world.It shows many advantages in improving administrative efficiency，alleviating the financial pressure，taking effective use of the folk resources and technology，and making the country to get away from the heavy tasks.Although compared to Britain and America，the administrative privatization in Germany began late in the1980s，its fast development did not make German lose much wealth of achievements in this field.The German experience provides us a new perspective to understand the administrative privatization and offers us more reference resources to study the administrative privatization.In addition，since German is specialized in establishing legal doctrine law，its experience on administrative privatization can also let us recognize the importance of the norm building，theory integration and system constructing in this field.

Key Words:Administrative Tasks;Privatization;Constitutional State;Social State;Public-Private Contract

Zhao Hong，Professor at College of Comparative Law of China University of Political Science and Law，Doctor of Law.

A Philosophical Analysis of Different Types of Standards of Criminal Proof

ZHOU Hongbo·124·

The inner conviction in criminal proof can be divided into two types: objective conviction and reasonable conviction. These two types of inner conviction can respectively explain the long-held standard of proof in China and the general standard of proof in Western countries. In recent years，Chinese scholars frequently misuse philosophical theories when discussing the reform of our standard of proof. Progressives often neglect the actual differences between the Chinese Standard of proof and the Western standards of proof，while people who stick to traditional Chinese standard of proof misuse many philosophical theories. Because the previous researches fall into a philosophical mist，people have not begun the really important work: to discern the logical differences between the two types of inner conviction，and the legal effects brought about by such differences，so as to explain some significant differences between Chinese and Western criminal laws and practice，and to provide a theoretical basis for further reform of the Chinese Procedure Law.

Key Words:Standard of Proof for Conviction; Objective Conviction; Reasonable Conviction; Philosophical Misuse

Zhou Hongbo，Doctor of law，Associate Professor and vice chair of the Law School of Southwestern University for Nationalities.

Study on the Alteration of the Criminal Involuntary Commitment Procedure

WANG Zhikun·134·

The criminal involuntary commitment procedure and the regular first instance procedure of criminal cases are not mutually exclusive completely.With the changing of the conditions，the applicable procedure can be altered from one to another，depending on which procedure provides more protection for the respondent.We should interpret the third sentence of paragraph 2 of Article 285 of CriminalProcedure Law in a substantial way.The provision should mean that the decision of applying the involuntary commitment procedure can be made collaterally in the regular first instance procedure of criminal trial.What we consider as the real alteration of procedure is the alteration from the involuntary commitment procedure to the regular procedure，which can happen automatically and does not need the backflow of the procedure.In principle，the same rules apply in the appellate procedure and the review procedure.

Key Words:Criminal Involuntary Commitment;Regular Procedure;Review Procedure，Alteration

Wang Zhikun，Deputy Director of Office of People’s Procuratorate of Beijing Municipality.

Discussions on the Model of Conduct Preservation Transplantation in China from the Historical Origin Perspective

LI Man·145·

The construction of the legal model of conduct preservation has to resort to the references of other countries，in the process of which both the civil law system and the common law system shall be considered as main referred sources.As the two typical countries for the two legal systems，the German law for conduct preservation is good at the uniformity of theory and doctrine，while the U.S.law is good at the uniformity of discretion and principle.The legal systems they represent both have superiorities and limitations on the regulation of conduct preservation.With the background of convergence，the country seeking experience should consider selectively absorbing experience from both systems.As to China，it’s worthy to try the structure—detail model in the construction of the conduct preservation system after studying and comparing the two legal systems.

Key Words:Conduct Preservation;Roman Law;Equity;Discretion;Legal Transplantation.

Li Man，Ph.D.Candidate in Faculty of Law of Peking University.

Legal Application of Separate Environmental Tort

TAO Ying·161·

Currently，the separate environmental tort happens frequently.Its feature is that there are no joint fault connections between each infringer，whose respective infringement act towards the environment causes an identical environmental pollution or makes an identical environmental damage.This kind of tort belongs to the category of multiple people’s tort，and can be divided into typical separated environmental tort，wholly-superposed environmental tort and half-superposed environment tort.Due to the complex causal relationship between infringement and damage，in determining the tort liability，causality needs to be judged case by case to clarify how much damage each infringer makes to the victim，laying a legal basis for responsibility distribution.

Key Words：Environmental Tort;Separated Tort;Several Liability;Joint Liability

Tao Ying，Lecturer at Law School of Capital University of Economics and Business.