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恐怖主义活动犯罪的打击一直是刑事司法界关心的话题。我国刑事立法对恐怖活动犯罪有专门的章节立法,而随着我国《反恐怖主义法》的颁布和实施,对我国打击恐怖活动犯罪适用法律条文上存在冲突。特别是我国司法实践中,恐怖主义活动犯罪与普通的故意杀人、爆炸等普通犯罪存在适用上的冲突。因此,笔者对我国恐怖主义犯罪与普通犯罪的关系进行分析,并提出解决两者冲突的建议。
The crackdown on crimes of terrorism has always been a topic of interest to the criminal justice community. China’s criminal legislation has a special section of legislation on the crime of terrorist activities. However, with the promulgation and implementation of the “Anti-Terrorism Law” in our country, there are conflicts in the legal provisions applicable to the crime of terrorist activities in our country. Especially in our country’s judicial practice, there is an applicable conflict between crimes of terrorist activities and common crimes of intentional homicide and explosion. Therefore, the author analyzes the relationship between terrorism crime and ordinary crime in our country and puts forward some suggestions to resolve the conflict between the two.