China's new counterterrorism legal framework in the post-2001 era: legal development, penal change and poltical legitimacy

Li, Enshen (2016) China's new counterterrorism legal framework in the post-2001 era: legal development, penal change and poltical legitimacy. New Criminal Law Review, 19 3: 344-381. doi:10.1525/nclr.2016.19.3.344


Author Li, Enshen
Title China's new counterterrorism legal framework in the post-2001 era: legal development, penal change and poltical legitimacy
Journal name New Criminal Law Review   Check publisher's open access policy
ISSN 1933-4192
1933-4206
Publication date 2016-07-21
Year available 2016
Sub-type Article (original research)
DOI 10.1525/nclr.2016.19.3.344
Open Access Status Not Open Access
Volume 19
Issue 3
Start page 344
End page 381
Total pages 38
Place of publication Berkeley, CA, United States
Publisher University of California Press * Journals Division
Collection year 2017
Language eng
Abstract Since 2001, terrorism has become a frightening phenomenon, posing major threats to the stability, peace, and security of China. Although much research has been undertaken to understand China’s social and public policies of terrorism, little attention has been drawn toward the state’s legal response to this emerging threat. This article aims to explore a new legal framework against terrorism the Chinese government has adopted over the last decade or so. It examines the development, formation, and functionality of this mechanism within the context of the state’s new political agenda of maintaining social harmony and stability. By assessing the rhetorical and practical changes in China’s recent counterterrorism strategies, it concludes that China has begun to implement more punitive laws and punishments to combat terrorism in the post-2001 era than in the reform era (1980s–1990s). This increased level of punitiveness is pursued by countless legislative amendments to criminalize a new suite of terrorist offenses, the expansion of police powers to investigate terrorism and the intensification of punishment and sentencing on terrorist offenders.
Keyword China
Terrorism
Criminalization
Punishment
Police power
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
TC Beirne School of Law Publications
 
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Created: Mon, 18 Jul 2016, 17:23:19 EST by Carmen Buttery on behalf of T.C. Beirne School of Law