Incitement In The Criminal Law

Incitement describes the behavior that using the method of encouraging,ordering,urging,requesting,demanding,suggesting,or luring to encourage or agitate others,convince them the content of the incitement,and hope them to carry out the act of aggression.Incitement-related offence is a sort of special crimes provided in the criminal law.Be compared to regular crimes,it's usually an expressive action such as express a speech,and when people talk about speech,they usually refer to freedom of speech and freedom of expression which contains the former,so incitement is always related to citizens' freedom of expression.So it's important to define the boundary of incitement-related offence,so as to achieve a balance between publishing crime and guaranteeing citizens' freedom of expression.We should neither sacrifice freedom of expression to punish crime,nor connive absolute freedom of expression regardless of national interests and other people's interests.When expression seriously harm to state security,social public order and the interests of others,the state has the right to limit and punish it.Setting up incitement-related offence is the most important punishment.At the same time,because of the principle of a legally prescribed punishment in criminal law,setting incitement-related offence is also a guarantee of freedom of expression.This article is divided into four parts:The first part is an overview of incitement.Firstly defines the concept of incitement;and then compares incitement with abetting.Next,clarifies the necessity of incitement into sin,which is both the need to punish the crime and the protection of constitutional rights.Finally,clarifies the theoretical basis of incitement into sin: theory of inchoate offence and theory of potential damage offence.In part two,the thesis analyzes some main types of incitement-related offence of foreign countries,and analyzes the criminal law regulation of incitement in foreign countries,then draws to the enlightenment that the basic trend of incitement into sin is to be more and more restricted by the constitutional rights and the condition is more and more strict.Law regulation of incitement in China is analyzed in part three.Crime of abettor is instead of crime of inciting others in China's criminal law.China's criminal law sets up seven crimes of incitement,which are typical incitement.In addition,some of the mob crime and crime of speech may also include incitement behavior,which are atypical incitement.Suggestions of perfecting incitement-related offence are putting forward in the last part:setting up crime of inciting others in public,defining the boundary of incitement into sin and setting exception clause.