Mlc101 Business Law - Implications of This Proposal for Rule from the Terrorist Attack on Sydney

MLC101 Business law

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Submitted by: Qianru Tao

ID: 215242487

Plan word count: 187

Essay word count1349

Implications of this proposal for rule from the terrorist attack on Sydney

The main reason for this rule is forbid the terrorists but it also comes out the negative effect to the public, in order to support the view, the essay import the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 and Australian citizenship act 2007, Australian citizenship act 1984 and related examples. There are limited examples to demonstrate the effect of the bill, analysis the law to analyze the case in this paper.

Some problems exists in analyze the case because currently this bill is not really executed, so it's hard to foresee the implications. In order to deal with the problem. Writing this essay, the biggest challenge that I have faced time problem, how to use the time effectively. In order to ensure that my paper is completed in the deadline, I need to complete the draft in the first seven weeks, in eighth weeks to check. This draft would be completed based on the current laws and examples, to improving based on the new references; this references would be also listed according to AGLC.

Introduction

Terrorist attacks of extremists of man-made for but not limited to civilians and private facilities do not meet the moral attacks. Over the years, terrorist violence has already made more brutal, heinous terrorist violence cases, the technique presents an extreme trend (Allegiance to Australia). How to deal with the harm of terrorism, has now become the problem faced by all the countries in the world. Following the terrorist attacks in our country's present status and harm, and we should start with what kind of attitude and attitude towards the misdeeds of the terrorists are presented in the paper. Sydney is hijacking, a cafe in the city of Sydney, Australia, on the morning of December 15, 2014, occurred hostage taking incident. Reports and witnesses said that from the window of the cafe out the banner of "Islamic symbol." Said, at least, ten people hijacked, this caused made public in Australia occurred fears of terrorist attacks. According to Australia's of law rule this essay will analyze the terrorist attacks of the legal policy and the analysis of the improvement of the needle

Firstly, Australian law says it will not hesitate to strictly prevent terrorists and protect the safety of citizens. At present, Australia has specialized anti-terrorism legislation, only in the criminal law made a series of legal provisions on the crime of terrorism, and not in the civil, administrative law to punish terrorists to develop appropriate legal provisions, the law in punishing terrorist and criminal law is relatively simple (Allegiance to Australia). It is only a simple set of terrorism crime, but did not make the corresponding laws for the terrorist organization and the crime of terrorism and other types of terrorist activities in the definition, easy crime occurs deviation, can make the terrorists are due to legal sanctions (1). The crime of terrorism is not only one kind of crime, it also includes a political level, and the definition of the subject and the object is not clear, so that the criminal law applicable sentencing principles of the crime of terrorism relative Pale in comparison to greatly reduce the criminal legislation of punishing the crime of terrorism in the execution of long faces the threat of terrorism, terrorist use of ethnic, religious conflict as an excuse to formulated a series of terrorist crimes of violence and to people's lives and property safety and causing huge losses. Although Australia has had a preliminary legal system of anti-terrorism, as it has not been a clear anti-terrorism legislation, hindering the current to the terrorist activities of combat process, which cannot be fundamentally combat and punish the terrorists. Secondly, Australian government will cooperate with the international anti-terrorism attention to punish terrorists. International terrorism rampant, countries in the world, against the punishment and prevention of terrorism is a difficult task. Because of social and economic development and the state system of different countries in the world, ruled by anti-terrorism legislation and terrorism has different attitudes. Fighting international terrorism to rely solely on the international legislation to punish and strike the prevention of terrorist crime is not enough, which requires all countries to develop their own application according to the reality of domestic anti-terrorism legislation, the domestic legislation in conformity with international law, which will be better for their citizens to form a binding, fundamentally prevent and combat terrorism activities (Allegiance to Australia). To improve the legal system of international counter-terrorism, counter-terrorism conventions and to be signed with Australia's consistent and adapt to the international anti-terrorism legislation, combined with the power of the world, Solidarity and cooperation, jointly combat the prevention and punishment of the crime of terrorism activities, in order to maintain a safe and harmonious world political and economic order. The international criminal legal system for combating terrorist crimes is a common way to improve the criminal law of general and sub-clause, to increase the corresponding terms according to the actual situation, to achieve the perfect criminal legislation of the criminal legislation of our country. We should stick to the objective facts by the punishment of terrorism activities, according to the changes of the situation of domestic terrorism crime and make corresponding adjustments and increase the penalties for corresponding legal terms. Due to the short history of Australia's anti-terrorism, the experience is not enough, in the criminal legislation above will inevitably produce errors, which is tough to perfect the legislation of criminal law this requires legislators should be aware of the real harm caused by terrorism in Australia. The change and development of international terrorism crime situation, the situation of our country and international counter-terrorism conventions, under the premise of following the criminal legislation of our country the objective law of development, balanced, to develop a series of domestic combating and preventing terrorist and criminal activities to adapt the criminal legislation. Thirdly, focus on and crack down on terrorist crimes. The terrorist threat is mainly extreme "East Turkistan" terrorist forces, which has a strong economic base, with some foreign terrorism and political power as the basis, with anti-human, anti-social for the purpose, and the forces of the internal organizational structure are quite tight and has strong anti-reconnaissance capability and so on, all of these features mean of the strike and punishment task. So in the process of criminal legislation, we must strengthen the organization and leadership, participate in terrorist crimes punishment, on the one hand from the organizational structure of its members on the collapse of terrorist forces. On the other hand, the financing of terrorist organizations and criminal activities, if necessary can implement the principle of combined punishment(2). Units or collective and participate in terrorist crimes and the penalties for funding. In addition, the organizational structure of terrorist forces more rigorous and strong economic Strength in the background and make it feel that its power is enough to compete with national power, so in perfecting anti-terrorism law system and the criminal legal system to in legislation that blow to the terrorist activities and punishment, and continuously according to the objective summary of experience and lessons, to improve and enrich the related laws and regulations. Finally, the Australian government annually received regular attention and questioning of refugees. The current anti-terrorism legal system is not perfect, in order to fundamentally prevent and combat terrorism activities, we must formulate an applicable domestic anti-terrorism legislation specifically, and as a basis to formulate and improve relevant legal provisions and judicial interpretation. The legislative principle should be based on the reality of our country and the use of advanced science as a guide, related links between designed anti-terrorism legislation and other departments of law, to ensure that the anti-terrorism legislation is feasible. Adhere to the prevention and combating of both, anti-terrorism law is set to the long-term effective prevention and combating of terrorism activities, in order to maintain the internal order of the security and stability, should give priority to prevention and strike; adhere to domestic legislation and the international treaty signed with the principle of combining; adhering to the domestic anti-terrorism legislation participation in international anti - terrorism. About and other countries signed bilateral and multilateral agreements adapt to seek the unity and cooperation of other countries, to combat terrorism and criminal activities to provide the support of the strong international anti-terrorism law. And in the administrative, civil, economic formulation corresponding legal provisions and judicial interpretation, so as to maximize the protection of the state and the people's life and property safety.