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我国《反恐怖主义法》规定了我国采用行政认定为主、司法认定为辅的认定模式,然而其也显现出在恐怖组织认定方面的应急性强而机制性弱、法院与行政机关认定效力界限不明晰、监督与救济途径匮乏等不足。鉴于恐怖组织认定的特殊性,本文认为应注重程序正义、将举证责任倒置于行政机关、完善权力监督和救济途径。
China’s “Anti-Terrorism Law” stipulates that our country adopts the mode of recognition based on administrative recognition and supplemented by judicatory recognition, yet it also shows that there is a strong urgency and a weak mechanism in the identification of terrorist organizations, and that the court and the administrative organ determine the effective limits Unclear, lack of supervision and relief and other shortcomings. In view of the particularity that the terrorist organization determines, this article thinks that should pay attention to procedural justice, invert the burden of proof in the administrative organ, improve the means of power supervision and relief.