Research On The Crime Of Extremism And Its Legislative Perfection

Extremist crime refers to behaviours that distort religious doctrine,promote religious extremism,these behaviours are violent,anti-social,against humanity,and seriously divorced from social values in their nature.They target at a third party or themselves,lead to serious social consequences,and shall be punished with criminal penalty in accordance with the law.According to whether they explicitly contain"extremism",the area of crime and the area where the crime is committed,extremism crime can be divided into seven categories:specialized extremist crimes,generalized extremist crimes,political extremist crimes,religious extremist crimes,other extremist crimes,international extremist crimes and domestic extremist crimes.Extremist crime and terrorist crime are related,but the connotation of the crime,purpose of the crime,means of the crime,organization of the crime and object of the crime are different between them.Based on the investigation of foreign extremist crime legislation,the comprehensive legislative model,and also the range of punishment and application of the supplementary punishment on publicly called on,demagoguery extremist activities,and on organizing,leading,and participating in the extremist groups and activities,are worthy of our reference.There are some drawbacks in the legislation of the extremist crime in our country,the legislation is excessive in criminalization,some arrangements of certain extremist crimes are unreasonable and the conviction mode is too single.In addition,necessary charges on organizing,leading or participating in extremist groups,and charges on assisting extremist activities are lacking.To improve the legislation of extremist crime in our country,punishing the act of perpetrating should be taken as the principle,and the punishment on other acts should be exceptions;Behaviours that organize,lead,and participate in extremist groups,or call for,incite extremist activities or assist specific extremist crime should be included into the scope of punishment.The comprehensive legislation should be adopted as the legislative model.The conviction mode of single act should be changed into "behavior + plot" mode.In the case of constructing the system of extremist crime,the crime of illegally possession of extremist articles or articles propagating terrorism should be removed,article 120.4 of the Criminal Code should be incorporate into article 300 of the Criminal Code,the crime of organizing,leading,participating in the extremist groups,and the crime of assisting extremist activities,the crime of catch-all extremist activities should be added into the legislation.