俄中反恐法之研究

Abstract

本論文題為俄中反恐法之研究。本篇研究利用「非傳統安全研究」、「新制度主義」、「系統論」，試圖探討在這個恐怖主義盛行的時代，我們應當如何以法律手段支撐反恐行動之運作。本文以《俄羅斯反恐法》與《中國反恐法》為參照標的，以探究在反恐作為中的法治問題，包含兩國反恐法立法背景、內容、及其影響。\n\n全球在面臨國際恐怖攻擊「九一一事件」之後，積極訂立屬於自己的反恐法。在俄羅斯，因境內車臣問題而間接導致的2002年的「莫斯科歌劇院挾持事件」與2004年的「別斯蘭人質危機」，也成為俄羅斯反恐法立法的主要因素。反照中國，東突厥問題與境內新疆、青藏所導致的西北地區恐怖主義，再加上「七五事件」與「金水橋事件」，成為了中國反恐立法最直接的推動因素。在兩國反恐法研究中我們發現，俄中主要反恐力量各為軍方與警察。\n\n本論文以為俄羅斯與中國反恐法對於人權之影響，在於其限制了電信通訊、媒體自由、言論自由與宗教自由，且人民沒有管道上訴或了解被控罪狀。聯合國安理會與歐洲理事會認為，俄羅斯反恐法「雅羅維亞法」侵犯媒體自由與人民言論自由權。習近平在十九大之後為了突破「維穩」在新疆的執行障礙，援引了《中國反恐法》中的安置教育一項，將新疆問題提升到恐怖主義層次，設立「再教育營」，因而對於新疆人民權利產生嚴重迫害。就上二例觀之，法律的實踐反而違背了維護人權尊嚴及自由的最終目的。

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.\n\nThe 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.\n\nThis 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.\n\nThe 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.\n\nThis 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.