反恐怖主义融资刑事政策研究
发布时间：2018-11-29 13:37
【摘要】：恐怖主义与传统的犯罪不同,其产生于宗教、民族、政治和意识形态等复杂与难以消除的原因。有鉴于此,传统的打击犯罪的路径对于恐怖主义爆炸、投毒或自杀式爆炸等活动似乎并不可行。2001年发生了针对美国本土的“9·11”事件,造成了约3000人遇难,在这之后,美国为了对此次恐怖主义袭击进行报复,于2001年10月发动了阿富汗战争,然而这场报复性的战争非但未能有效打击恐怖主义,反而使得恐怖主义活动在这之后产生巨大的转变,更多地转向分散、多样、间隔时间短的中小型恐怖主义袭击,而恐怖集团也更加智能化。有关恐怖主义袭击的数据表明,自2005年开始恐怖主义袭击从数量和手段都迅速增长。 从恐怖集团的本质上说,其与一般的有组织犯罪集团有相类似之处,有组织犯罪集团,特别是跨国有组织犯罪集团,一般由不同种族和背景的个体和小集团构成,有组织犯罪集团同时具有庞大的社会关系网,并且涉及多种合法的商业行为以及犯罪,集中在“毒品、卖淫、色情、赌博以及放高利贷”’,这些犯罪行为都需要保证资金的融通,同样的,恐怖组织之所以可以频繁和有效的实施恐怖袭击,亦取决于其能够确保资金融通的能力,因而如果缺乏畅通以及良好运作的资金融通渠道和平台,恐怖主义活动则无法实施。并且,随着金融体系的发展,恐怖组织转而寻求更加多元化的融资渠道和平台恐怖组织不仅通过合法的国际金融机构,恐怖组织也同时利用快速发展的其他金融系统和机制进行融资以支持其恐怖活动。本文从主要从恐怖主义在历史发展中展现的特点,融资在恐怖主义活动中的角色,并且通过对比反洗钱在控制犯罪中的作用和效果探讨反恐怖主义融资在刑事政策调整理论和实践基础,全文分为四章： 第一章,恐怖主义概述。本章依次分析了恐怖主义的定义、产生的原因和发展现状,得出恐怖主义的有别与一般刑法所讨论的犯罪以及有组织犯罪的区别。并分析了传统反恐措施产生的效果和不足之处,从而指出反恐刑事政策的变通方向。 第二章,融资对恐怖主义发展的影响。本章主要分析恐怖主义融资的表现形式、融资平台,总结恐怖主义融资的特点,分析反恐融资刑事政策的着力点。 第三章,反洗钱对于打击犯罪的意义。本章主要讨论了洗钱的定义、历史沿革及反洗钱作为打击犯罪的手段的理论依据,及在毒品犯罪中已经取得的效果,为论证将借鉴反洗钱作为打击当代恐怖主义犯罪手段之一的合理性提供理论和实践依据。 第四章,反恐怖主义融资刑事政策的调整方向。本章首先概述了全球针对恐怖主义融资已经采取的方式,其次对现代的主要犯罪进行划分,从而推论出打击犯罪的几种传统路径,最后在对比传统反洗钱路径的基础上,得出对打击恐怖主义融资应当适用的刑事政策的理论依据和具体方式。
[Abstract]:Terrorism is different from traditional crime, it comes from religious, ethnic, political and ideological complex and difficult to eliminate. In view of this, the traditional way of fighting crime does not seem feasible for activities such as terrorist bombings, poisoning or suicide bombings. After the "9 / 11" attack on the United States in 2001, which killed about 3000 people, In retaliation for the terrorist attack, the United States launched the war in Afghanistan in October 2001. However, this retaliatory war has not been effective in combating terrorism, but has made a huge change in terrorist activities after that. There is a greater shift to small and medium-sized terrorist attacks that are dispersed, diverse and short-spaced, and terrorist groups are more intelligent. Data on terrorist attacks show a rapid increase in the number and means of terrorist attacks since 2005. By their very nature, terrorist groups are similar to organized criminal groups in general, and organized criminal groups, in particular transnational organized criminal groups, are generally composed of individuals and small groups of different races and backgrounds, Organized criminal groups also have large social networks and involve a wide range of legitimate business practices and crimes, concentrated in "drugs, prostitution, pornography, gambling and usury", These criminal acts all need to ensure the financing, and similarly, the ability of terrorist organizations to carry out frequent and effective terrorist attacks depends on their ability to ensure that funds are financed. Thus, terrorism cannot be carried out without unimpeded and well-functioning financing channels and platforms. And with the development of the financial system, terrorist organizations have turned to more diversified financing channels and platforms, not only through legitimate international financial institutions, Terrorist organizations also use rapidly developing other financial systems and mechanisms to finance their terrorist activities. This paper focuses on the role of financing in terrorist activities, mainly in terms of the characteristics that terrorism has shown in its historical development. By comparing the role and effect of anti-money laundering in crime control, this paper discusses the theoretical and practical basis of anti-terrorist financing in the adjustment of criminal policy. The full text is divided into four chapters: chapter one, Overview of terrorism. This chapter analyzes the definition of terrorism, the causes and the development of terrorism in turn, and draws the difference between terrorism and the crime discussed in general criminal law as well as the difference between organized crime and terrorism. It also analyzes the effect and deficiency of traditional anti-terrorism measures, and points out the alternative direction of anti-terrorism criminal policy. Chapter two, the influence of financing on the development of terrorism. This chapter mainly analyzes the manifestations of terrorist financing, financing platform, summarizes the characteristics of terrorist financing, and analyzes the focus of the criminal policy of anti-terrorism financing. Chapter three, the significance of anti-money laundering to fight crime. This chapter mainly discusses the definition of money laundering, the history of money laundering, the theoretical basis of anti-money laundering as a means to combat crime, and the effect that has been achieved in drug crimes. It provides theoretical and practical basis for demonstrating the rationality of anti-money laundering as one of the criminal means to combat terrorism. Chapter four, the adjustment direction of the criminal policy of anti-terrorism financing. This chapter firstly summarizes the methods that the world has taken to deal with the financing of terrorism, secondly classifies the main modern crimes, and then deduces several traditional ways to combat crime. Finally, on the basis of contrasting the traditional anti-money laundering path, The theoretical basis and specific way of criminal policy should be applied to counter terrorist financing.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D815.5
本文编号：2365136
[Abstract]:Terrorism is different from traditional crime, it comes from religious, ethnic, political and ideological complex and difficult to eliminate. In view of this, the traditional way of fighting crime does not seem feasible for activities such as terrorist bombings, poisoning or suicide bombings. After the "9 / 11" attack on the United States in 2001, which killed about 3000 people, In retaliation for the terrorist attack, the United States launched the war in Afghanistan in October 2001. However, this retaliatory war has not been effective in combating terrorism, but has made a huge change in terrorist activities after that. There is a greater shift to small and medium-sized terrorist attacks that are dispersed, diverse and short-spaced, and terrorist groups are more intelligent. Data on terrorist attacks show a rapid increase in the number and means of terrorist attacks since 2005. By their very nature, terrorist groups are similar to organized criminal groups in general, and organized criminal groups, in particular transnational organized criminal groups, are generally composed of individuals and small groups of different races and backgrounds, Organized criminal groups also have large social networks and involve a wide range of legitimate business practices and crimes, concentrated in "drugs, prostitution, pornography, gambling and usury", These criminal acts all need to ensure the financing, and similarly, the ability of terrorist organizations to carry out frequent and effective terrorist attacks depends on their ability to ensure that funds are financed. Thus, terrorism cannot be carried out without unimpeded and well-functioning financing channels and platforms. And with the development of the financial system, terrorist organizations have turned to more diversified financing channels and platforms, not only through legitimate international financial institutions, Terrorist organizations also use rapidly developing other financial systems and mechanisms to finance their terrorist activities. This paper focuses on the role of financing in terrorist activities, mainly in terms of the characteristics that terrorism has shown in its historical development. By comparing the role and effect of anti-money laundering in crime control, this paper discusses the theoretical and practical basis of anti-terrorist financing in the adjustment of criminal policy. The full text is divided into four chapters: chapter one, Overview of terrorism. This chapter analyzes the definition of terrorism, the causes and the development of terrorism in turn, and draws the difference between terrorism and the crime discussed in general criminal law as well as the difference between organized crime and terrorism. It also analyzes the effect and deficiency of traditional anti-terrorism measures, and points out the alternative direction of anti-terrorism criminal policy. Chapter two, the influence of financing on the development of terrorism. This chapter mainly analyzes the manifestations of terrorist financing, financing platform, summarizes the characteristics of terrorist financing, and analyzes the focus of the criminal policy of anti-terrorism financing. Chapter three, the significance of anti-money laundering to fight crime. This chapter mainly discusses the definition of money laundering, the history of money laundering, the theoretical basis of anti-money laundering as a means to combat crime, and the effect that has been achieved in drug crimes. It provides theoretical and practical basis for demonstrating the rationality of anti-money laundering as one of the criminal means to combat terrorism. Chapter four, the adjustment direction of the criminal policy of anti-terrorism financing. This chapter firstly summarizes the methods that the world has taken to deal with the financing of terrorism, secondly classifies the main modern crimes, and then deduces several traditional ways to combat crime. Finally, on the basis of contrasting the traditional anti-money laundering path, The theoretical basis and specific way of criminal policy should be applied to counter terrorist financing.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D815.5
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