Research Of Criminal Investigation And Prevention Of Religious Extremist Crime

Formally implemented on January 1,2016,Chinese Anti-terrorism Act raises that the state opposes extremism of all forms that instigate hatred and discrimination and advocate violence by perverting the religious creeds or other ways,etc.to eliminate the ideological foundation of terrorism,and stipulates such concrete problems as the work principles and security protection for anti-terrorism and anti-extremism,handling measures and legal responsibilities,etc.The De-extramalization Ordinances for the Xinjiang Uygur Autonomous Region implemented on April 1,2017 is the first special legislation on de-extramalization of China,which summarizes the experience and lessons of each department in practice of de-extramalization based on special situation of ethnical groups and religions in Xinjiang,and makes detailed stipulations on de-extramalization based on Anti-terrorism Act,etc.Tallying with the practical demands in de-extramalization,it is forward looking to some extent and serves as pioneering and piloting demonstration for the whole country.In recent years,the terrorism and extremism have continuously received much attention from all circles,yet few efforts have been put in systematic research on religious extremism crimes,hence larger space for study.Combining the theory and practice,the paper comprehensively and profoundly researches the basic problems of religious extremist crime and related reconnaissance,prevention and control,proposes the suggestions on perfecting the mechanism of reconnaissance and prevention for Chinese religious extremist crime,so as to provide some references for the practice of criminal investigation,prevention and control of religious extremist crime.The first chapter is an overview of religious extremism crime.Religious extremism is different from religion,terrorism,fundamentalism and so on.Religious extremism refers to the extremist thought dissimilated from religion.It uses the religion that it comes from to stir up the masses,has distinct political purpose and strong irrationality and exclusiveness.Religious extremists instigate religious extremism in order to implement religious extremist crimes and disrupt social order,destroy social stability and achieve their political conspiracy.The emergence of religious extremism is influenced by many factors,such as economy,politics and culture.In the process of evolution,it shows the characteristics of politics,hypocrisy and exclusiveness.The current religious extremist crime shows a complex trend of globalization,networking and diversification.Religious extremism crime hinders the process of world peace and development,threats to national security and endangers social harmony and stability.The fight against and prevention of religious extremist crime is a common choice for all countries in the world in order to strive for peace in human society.The second chapter discusses the theoretical basis and principles of the criminal investigation and defense of religious extremist crime.The relationship between theory and practice is dialectical unity.The criminal investigation and prevention of religious extremism should not only accept the guidance of the theory,but also induce and test the theory in practice.From the perspective of value pursuit,order is the primary value of religious extremism crime detection and prevention,justice is the basic goal of religious extremism crime detection and prevention and efficiency is the important intrinsic value of religious extremist crime detection and prevention.From the perspective of criminal policy,China's current criminal policy puts forward the requirements of comprehensive prevention and control,strict control,zero tolerance,and so on for the criminal investigation and prevention of religious extremist crime.Comprehensive prevention and severe attack on religious extremist crime are the key points of the investigation and defense.From the perspective of guiding principles,the following principles should be followed in the investigation and prevention of religious extremism crime:the rule of law,the principle of internal and external co governance,the principle of proactive principle,the principle of combining punishment with prevention,the principle of combining specialized work with mass line,etc,to ensure that the detection practice does not deviate from the right direction.The third chapter explores the current situation and problems of the criminal investigation and prevention of religious extremism in China.The legislation of the religious extremism in our country has gone through the process from imperfect to gradually complete.In the Criminal Law,the Criminal Procedure Law,the Anti-terrorism Act and the De-extramalization Ordinances for the Xinjiang Uygur Autonomous Region,there are many articles concerning the crime of religious extremism.In China's legislation,we should focus on the " de-extramalization " in the overall framework of anti-terrorism work.We will talk about the prevention and cure of religious extremism,and point out the determination to strike and guard against extremism.In the practice of the criminal investigation and prevention of religious extremist crime in China,a more effective system for the detection and prevention has been formed.With the public security organs,the armed police force,the people's Liberation Army and other state organs and social forces as the main body,the diversification and defense force has been basically integrated,the shared information information platform was initially built and the effectiveness of the detection and defense work has gradually emerged.At the same time,there are still many places need to be optimized in China's religious extremist crime investigation and prevention mechanism,such as cooperation of investigation and prevention system is not mature,intelligence ledpolicing operation is not smooth,controlling the operating mechanism is not perfect,the construction of control system is not perfect.The fourth chapter makes a comparative study of the criminal investigation and prevention of religious extremist crime.In the world religious extremist crime has never corpuscles,but instead showing a growing trend of globalization and diffusion.This paper studies the representative countries in the two major legal systems,including the United States,Israel,Russia,France,and so on.In typical countries,the detection and prevention of religious extremist crime has different characteristics to comply with the special national conditions of different countries,but shows commonality in the following aspects:strike and guard simultaneously,the active participation of a wide range of subjects,the importance of intelligence and the importance of international cooperation.Summary of foreign religious extremism crime prevention and investigation experience and lessons,enlighten our country that pay attention to the following problems should be our inspiration:to properly handle the ethnic and religious issues,pays equal attention to the investigation and prevention of religious extremism crime,pay attention to the information construction of the guiding mechanism,strengthen exchanges and cooperation with domestic and International police and so on.The fifth chapter studies the construction of the mechanism of the criminal investigation and defense of religious extremist crime.Many problems in the criminal investigation and prevention of religious extremist crime in China are urgent to be solved.To build relatively complete religious extremist crime detection and prevention mechanism,we need to focus on four aspects:Innovating the concept of detection and prevention,deepening information guidance and investigation,optimizing investigation mechanism and strengthening prevention and control system.First of all,we should attach importance to the concept of investigation and prevention cooperation,constantly improve the synthetic operational capability,strengthen international cooperation support and flexibly carry out religious extremism crime investigation and prevention cooperation.Secondly,we should deepen the operation mechanism and guarantee system construction of intelligence guidance and investigation,and strengthen the collection,integration,judgement and sharing mechanism of religious extremist crime information.Again,we should optimize the mechanism of religious extremist crime investigation from the aspects of construction of investigative and commanding coordination mechanism,application of investigative measures and key points of investigation and evidence collection.Finally,we should improve the level of religious extremist crime prevention and control,strengthen the risk assessment level and plan ability,implement diversified control main coordination mechanism,improve the three-dimensional public security prevention and control network,continue to strengthen the forecast and early warning to prevent the crime of religious extremism.