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Study On The Crime Of Incitement To Commit Terrorism

Posted on:2017-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:J H ShenFull Text:PDF
GTID:2336330503481359Subject:Law
Abstract/Summary:PDF Full Text Request
The object of crime of the crime of incitement to commit terrorism is the national security, public security and social management order., object behavior has two: direct effect and harm of objects and the object of the crime is the victim of the crime, and the object of the attempt is to be affected by the government and the community, which are affected by the social fear caused by the terrorist crime. The crime of incitement to commit acts of terrorism is to incite, behavior is not limited to the use of words to encourage, but also includes the use of words, a variety of media and network, and so on all kinds of forms to spread the terrorist crime information Harmful consequences of incitement to commit terrorist activity is to create a social phobia., that is, social terrorism or social panic. The subject of the crime of incitement to commit terrorism can only be individuals, units and countries can not be the subject of the crime. In the subjective aspect, crime of incitement to carry out terrorist activities is intentional. The purpose of crime is to create social terror. The motive of the crime is to realize the social value of the specific political and religious aspects.The unfinished form of he crime of incitement to the implementation of the crime of terrorism includes the preparation of the crime, the attempted crime and the discontinuation of the crime. Incitement to terrorist activity crime of preparatory crime is refers to to incite terrorist crime, preparatory crime tool and manufacturing conditions of crime, but due to incite the will of the people outside and failed to start instigated crime situation, the established requirements subjectively in order to implement the incitement to commit the crime of terrorist activities. Objective to carry out the preparatory acts of incitement, and in the end, because of the reasons beyond the will, but failed to carry out the crime of incitement to carry out terrorist activities. Attempt to incite the crime of terrorist activities is to commit crimes, because of the cause of the will of the criminals and not succeed. The establishment of requirements has already begun to incite behavior, but behavior due to reasons other than the will of the people, but the crime did not succeed. Incitement to terrorist activities crime discontinuance of crime refers to the incitement process, waiver or incitement to automatically prevent terrorist crime occurs. The requirement of timeliness, automaticity, objectivity, effectiveness of the four characteristics. Identification of incitement to terrorist activities crime forms, mainly involving cognizance perpetrator, abettor and accessory. Incitement to terrorist activities crime refers to the actual implementation of incitement, including direct perpetrator and indirect perpetrator. Instigate implementation of terrorism crime abettor refers to deliberately instigated others incited determined, and being instigated an incitement to commit crime of terrorist activities, the establishment of requirements in line with the specific conditions of the instigated person, based on abettor, the implementation of abetting acts. Incitement to terrorist activities to help commit the crime refers to the provision of common criminals physical and psychological help to incite people, the requirements of the implementation of the intentional help in helping behavior, and there may help.Incitement to commit crime of terrorism and other related crimes, is refers to the with the provisions of the criminal law of our country of all kinds of terrorism crime relationship, the crime that can be further divided into organization, leadership, help the terrorism crime and the preliminary incitement to commit the crime of terrorist activities. From the perspective of form, although the criminal law of all kinds of terrorist crimes, under the different constituent elements, but in essence, the crime of incitement to the implementation of terrorist activities and other terrorist crimes exist in the imagination of the relationship between competing. Thus, for the establishment of acts of incitement to the implementation of terrorist activities and other terrorist activities, should choose the relatively heavy penalties for criminal conviction and punishment.
Keywords/Search Tags:Crime of incitement to carry out terrorist activities, Incomplete form, Accomplice form
PDF Full Text Request
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