Research On Criminal Law Regulations Of Cyberterrorism Information Dissemination Behavior

In recent years,with the rapid development of network technology,people's daily lives have become more and more dependent on the Internet.The network has become an important strategic resource for the country.Without network security,there is no national security.However,science and technology are a double-edged sword,and the Internet has also become a breeding ground for cyberterrorist activities.After “ 9 · 11 ”,wiht the convenience of the dissemination of terrorist information on the Internet,terrorism has been upgraded.The spread of terrorist information in cyberspace has activated terrorist organization in a "dormant" state and "inspired" the terrorists who ready to start wriggling to make terrorist activities frequent.In recent years,the perpetrators of a series of terrorist attacks such as“7·5” in Urumqi,“10·28” in Beijing,“3·1” in Kunming,and “4·30” in Urumqi,etc.have been affected by the negative influence of Cyberterrorism information without exception.In response to the proliferation of cyberterrorism information,the "Criminal Law Amendment(9)" responded positively,adding the crime of promoting terrorism,extremism,and inciting terrorist activities.The "Anti-Terrorism Law" has incorporated terrorist information into the category of terrorist activities.However,there are still many problems in the criminal law regulation of the cyberterrorism information dissemination behavior,such as in the penalty allocation,it is still necessary to further improve the punishment allocation of some crimes,such as the crime of inciting split of the state should be disposed of property punishment;in judicial practice,how to realize the balance of the interests of the two parties to protect the public interest and protect the freedom of speech on the Internet is a difficult problem to be explored.This article is composed of four parts not including the introduction and conclusion,and there are more than 64,000 words.The first part,the outline of cyberterrorism information.This section defines cyberterrorism information.The Cyberterrorism information is the carrier of words,pictures,logos,signs,audio,and video as vectors to disseminate ideas containing terrorism through the Internet.It can endanger national security,public safety,or disrupt social order to achieve specific political,religious,and ideological purposes.The ideology of terrorism is a key element of cyber terrorism information.The key to identifying cyberterrorism informationand other cyber information lies in whether the information content contains the idea of terrorism.The second part,the construction of dissemination behavior of cyberterrorism information.Promoting terrorist ideology through the Internet,recruiting personnel,disseminating the skills of carry out terrorist activities,threating carry out terrorist activities,inciting ethnic hatred,and inciting commit terrorist and separatist activities are the main contents of dissemination of cyberterrorism information.The main features of dissemination of cyberterrorism information are: convenience,privacy,ubiquity,remoteness,diffusibility and serious harmfulness..The third part,the present situation and difficulties of the criminal law regulation of cyberterrorism information dissemination.In the criminal policy of counter-terrorism,we pay more attention to the attack on the sound and video of the spread of violence.In the criminal law legislation,the content of the regulation of the cyberterrorism information dissemination is scattered in the criminal law,which is helpful to the type governance of the cyberterrorism information dissemination behavior.In the criminal judicial interpretation,before the "Criminal Law Amendment(9)" was not introduced,the supreme judicial organ made specific provisions on the conduct of terrorism information transmission according to the subjective purpose and criminal behavior of the offender,which had been used as a guide for the judicial practice at that time.At the same time,there are the following predicaments in the regulation of cyberterrorism information dissemination behavior:The anti-terrorism criminal policy does not pay enough attention to the crimes of cyberterrorism information dissemination,which is not conducive to the suppression of the spread of terrorism information.In judicial practice,There are conflicts with the punishment of the cyberterrorism information dissemination behavior and freedom of speech;the source of cyberterrorism information is mostly abroad,and it is difficult to achieve effective jurisdiction;the allocation of crime and punishment is defective,and it is difficult to effectively regulate the spread of cyberterrorism information.The fourth part,the improvement of criminal law regulation of cyberterrorism information dissemination.The crimes of cyberterrorism information dissemination should be included in the anti-terrorism criminal policy and attached great importance to the fight against it.Strengthen the legislative regulation of the dissemination behavior of cyberterrorism information:in the general provisions of the criminal law,the criminal responsibility age of the perpetrators of terrorist activities should be strictly stipulated,thecriminal jurisdiction of the crime of terrorist activities and the penalty enforcement system for the perpetrators of terrorist activities are should be perfected.In the provisions of the criminal law,we should increase the related charges and improve the penalty allocation according to the crimes of cyberterrorism information dissemination.In the criminal judicial practice,we should Improve the criminal trial work related to the crimes of cyberterrorism information dissemination,identify the nature of the case correctly,explain the extremism of the case scientifically,adhere to the principle of moderate criminalization,and treat the criminal responsibility of different criminal subjects strictly and differently.