The Constitutive Requirements About Illegal Possession The Materials Which Promote Extremist Crimes

According to the current few cases,the nature of illegal possession the materials which promote extremist crimes,which is the Article 120-6 for the first time added into “Criminal Law Amendment” is not yet clear.In view of our current legislation and the judicial practices it takes a strict dichotomy on terrorism and extremism.Therefore,the processes of judicial practice should strictly distinguish the material which promote terrorism between the material which promote extremist.It should be based on the principle of no penalty without a law and the relevant judicial interpretation to do doctrinal analysis about the cognizance of constitutive requirements about illegal possession the materials which promote extremist crimes.The behavior of illegal possession the materials which promote extremist interlope the beneficial to social public safety.Social public safety refers to the unequal or majority of people's lives,the safety of the body and the stability and tranquility of public life.This interpretation helps to define the limits of the crime of extreme crime and the crime of endangering national security and jeopardize the order of social management.The criminal body of this crime is the general body,the determination of illegal possession acts requires the perpetrators to promote the extremist materials out of the condition of administrate and control,and is unlawful.Among them,the identification of the behavior of the network service provider needs to be classified based on the type of network service provider.The object is the materials which promote extremist,that means to promote the extremist ideas or behavior,intended to make people believe and accept extremism.by means of words,pictures,videos,etc.To judge the “promote extremism” nature of one material is not only to judge from the results,but also adhere to the objectivity and relevance judgment standard.Specifically,the judiciary of the "promote extremism" nature is divided into two stages.The first stage,using the three elements to define its distinction with ordinary materials.The second stage distinguishes materials which promote terrorism and extremism by the unique characteristics of terrorism distinguished from extremism.In addition,the electronic information under the information age "materialized" judgment will lead to differences in judicial application.The interpretation of electronic information "materialization" should adhere the "easy to show and reproduce" standard.Through this standard will interpreted parts of electronic information as materials.This crime as the possession type crime only consists of deliberately,that means knowingly possession the materials which promote extremist,including direct and indirect intention.Among them,the "knowingly" about the nature of the materials which promote extremist,it needs to base on the objective behavior of the perpetrator,combining with the specific behavior,degree,means,post-attitudes and age,cognitive and education,to Identify subjective intentions.The identification of the "knowingly" of the network service provider can be determined by combining the service nature of the service provider,the profit model and whether there is a criminal contact with the user.The interpretation of the serious circumstances will effectively distinguish the criminal responsibility between administrative responsibility.Specifically included: illegal possession large numbers of the materials which promote extremist;illegal possession the materials which promote extremist for many times;the offender has a tendency to terrorism and extremism;to be subjected to administrative or criminal penalties for extremist or terrorist behaviors;for the purpose of communication;for the purpose of profit;state functionaries who unlawfully possession the materials which promote extremist;using the minors illegal possession the materials which promote extremist;to resist the administrative law enforcement by means of violence;in the form of "show";other serious behavior.