Research On The Extremism In Criminal Law Based On Legal Dogmatics

Extremism has become an important factor influencing international politics, social security since the cold war. More alarming phenomenon that extremism as the source of terrorism and separatism,has seriously dangerous to our society. Our country promulgated Amendment (?) to the Criminal Law of the People's Republic of China, the Anti-Terrorism Act and a series of administrative laws and regulations including clause of extremism.It also means that China began to increase efforts to combat extremism. In order to eliminate extremism in accuracy and effeciency, the explaination and application of extremism in the relevant articles of the criminal law remains to be further clarified.Therefore, we research on extremism in the criminal law. This paper is divided into five parts:The introduction will make a general and brief summary to extremism. At present, our studies just focus on legislation of the criminal law and the development of extremism in the criminal law.However, the explaination and application of extremism in criminal law doesn't be taken too much into account. Furthmore, the meaning and purpose of study is also to be introduced.The chapter I mainly analyzes elements of extremism in criminal law. At first,accurately definiting the behavior of promotion and forcement is very significant. We explain how to promote of extremism, make use of extremism undermining enforcement of law,force people to wear costumes and logos within signs of extremism in criminal law,and proper understand behaviors that promote, incite, and force is the key to suitable for criminal law. What's more, extremism as a normative element of the criminal law, not only can it resist to the closed system, but also it can cater to the development of criminal law,which can eliminate dilemma between criminal law and society, and realize the substantial function of crime. Meanwhile, the understand of extremism is judged by general view in society,which is flexible to social change, but also it can prevent the arbitrary discretion of the judge. In addition, the normative elements will crush to the principle of liability and the principle of legality which can draw our attention.The chapter II mainly explains and qualifies extremism for the form of side and substantial side from the principle of legality. On one hand, we deciede the boundary of extremism, which differes with terrorism, separatism; on the other hand,we clear the criteria of judging extremism, with a similar layman of judgment and an interest measurement of approach,so as to realizing the unity between stability and flexibility in the principle of legality.The chapter ? mainly explores the boundariy between criminal sanction and adminstrative sanction imposed against extremism. Sanction of extremism should be based on the purpose and system of administrative law and criminal law. At the same time, we should pay attention to the connection between criminal law and administrative law,ensuring the unity of law system. First of all, we explain the legal concepts, the method of differences in criminal and administrative law being obvious. Criminal law will be subjected to a series of limilation. Secondly, too many factors are involved in preventing extremism, cooperation between the executive authorities and judiciary is of great significance. To ensure enforcement of the criminal law and administrative law, which will not only consider criminalization, but also take combination with criminal sanction and administrative sanction into account.The chapter ? mainly take clause of extremism in check. Risky society leads to overcriminalization that so as to maintains public order and guarantees safety. The phenomenon is easy to breakthrough governance, the expansion of criminal legislation becoming non-rational. therefore, our explaination of extremism in criminal law ought to restrict. However, the explaination is of expanded space in religious extremism.