A study on Russia\'s and China\'s Counter-Terrorism Law

• Main Authors: YANG, Tsu-Hsuan, 楊子萱
• Other Authors: Lin, Yung-Fan
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/m9dsdh

碩士 === 國立政治大學 === 俄羅斯研究所 === 108 === This thesis is entitled “A Study on Russia’s and China’s Counter- Terrorism Laws.” In this study, we use "Non-traditional security research", "New institutionalism", and "System theory" to try to explore how we can use legal means to support the operation of action against terrorism. This article utilizes Russia’s counter- terrorism laws and China’s counter- terrorism laws as references to explore the rule of law in the action against terrorism, including the background, content, and the influence of the counter- terrorism laws of the two countries. The world has actively concluded its own counter- terrorism laws after facing the "September 11 attacks". In Russia, the "Moscow theater hostage crisis" in 2002 and the "Beslan school siege" in 2004, indirectly caused by the Chechen- Russian conflict, have also become the main factors in Russia's counter terrorism legislation. In China, the East Turkic Khaganate issue and ongoing terrorism in the northwestern regions of Xinjiang and Qingzang, together with the "July 2009 Ürümqi riots" and the " 2013 Tiananmen Square car attack", have directly influenced China's counter-terrorism legislation. In our study of the anti-terrorism laws of the two countries, we found that the main counter-terrorism armed forces in Russia is formed of the military, while in China this force is composed of the police. This thesis is entitled “A Study on Russia’s and China’s Counter- Terrorism Laws.” In this study, we use "Non-traditional security research", "New institutionalism", and "System theory" to try to explore how we can use legal means to support the operation of action against terrorism. This article utilizes Russia’s counter- terrorism laws and China’s counter- terrorism laws as references to explore the rule of law in the action against terrorism, including the background, content, and the influence of the counter- terrorism laws of the two countries. The world has actively concluded its own counter- terrorism laws after facing the "September 11 attacks". In Russia, the "Moscow theater hostage crisis" in 2002 and the "Beslan school siege" in 2004, indirectly caused by the Chechen- Russian conflict, have also become the main factors in Russia's counter terrorism legislation. In China, the East Turkic Khaganate issue and ongoing terrorism in the northwestern regions of Xinjiang and Qingzang, together with the "July 2009 Ürümqi riots" and the " 2013 Tiananmen Square car attack", have directly influenced China's counter-terrorism legislation. In our study of the anti-terrorism laws of the two countries, we found that the main counter-terrorism armed forces in Russia is formed of the military, while in China this force is composed of the police. This paper aims to figure out the impact of Russia’s and China’s counter-terrorism laws, which lies in restrictions on telecommunications, media freedom, freedom of speech, and freedom of religion: people do not have any chance to appeal or find out why they are charged. The UN Security Council and the European Council believe that Russia’s counter-terrorism law "Yarovaya Package" violates media freedom and freedom of speech. After the 19th National Congress, Xi Jin-Ping proclaimed the Xinjiang independence movement as terrorism in order to remove obstacles to the “maintaining stability” policy. With its counter-terrorism laws, the Chinese government is therefore able to legally establish “re-education camps”, which have caused serious persecution to the people in Xinjiang. This occurred after Xi Jinping's implementation of obstacles in Xinjiang in order to break through the "Maintaining Stability" policy after the 19th National Congress. The utilization of the education section of the Chinese counter- terrorism laws, the raising of the Xinjiang issue to the level of terrorism, and the establishment of "re-education camps" have thus caused serious persecution to the rights of the people of Xinjiang. As far as these last cases are concerned, the practice of the law violates the ultimate goal of safeguarding human dignity and freedom.