Recognition And Perfection Of The Crime Of Incitement To Ethnic Hatred And Discrimination Under The New Situation

In 1997, China established the crime of incitement to ethnic hatred and discrimination, which is an important measure to protect the ethnic relations by means of criminal law and to ensure the unity of the nation. But from the provisions of the criminal law, the provisions of the crime is too simple, in practice, it is difficult to accurately determine the charges. At the same time, with the growing prosperity of the continuous development of our society and economy, the charges in China’s ethnic issues are becoming more and more related to the background of the reunification of the motherland and national unity and social stability an important factor under, showing the some new features. Under the new situation, the research on how to accurately identify the crime of incitement to ethnic hatred, ethnic discrimination, compared with the provisions of foreign related legislation, the improvement of the criminal law of our country, has the double meaning of theory and practice.Besides the introduction and conclusion, this paper is divided into three parts: the new situation of the re examination of the crime, the identification of the crime, the perfection of the crime.The first part is based on the current situation of the overall situation of China’s national relations, the study shows the new characteristics of the crime at this stage. By reviewing the incitement to ethnic hatred, ethnic discrimination sin’s historical position, clear our newly established the conception of the crime and starting point, summarizes the changes in the overall situation of the domestic about the ethnic relations in recent years, based on the case, summarizes the new characteristics of the charges reflect.The second part is to accurately identify problems concerning the crime of the new situation. By combining the actual situation to explore judicial practice identified in the charges encountered problems, and crime and non crime, "incitement", "serious", "the circumstances are especially serious put forward accurate identification, and puts forward the principle of the recognition in the crime to grasp.The third part puts forward suggestions on perfecting the crime from the angle of legislation, judicial practice and so on. By drawing on the experiences of some countries legislation status and the characteristics of proposed our country to a specific concept, the introduction of legislative interpretation, perfect crimes of endangering national relationship types constitute the system and improving the penalty and. so on, also suggested that the relevant departments to strengthen understanding of ethnic and religious policies, enhance the rigor of our judicial, to better adapt to maintain national unity and social stability.