On Substantive Issues Of The Crime Of Illegally Holding Articl Es That Advocates Terrorism Or Extremism

In recent years,violent terrorist forces,religious extremist forces and national separatist forces,based on extremist ideas and using terrorism as a means,and using violent audio and video materials and materials,have publicized,disseminated terrorism and extremist ideas,created religious fanaticism,incited hatred,incited discrimination and advocated violence,and created a series of violent terrorist incidents.Faced with the urgent situation of anti-terrorism,the public urgently demands that criminal law be used to punish it.The crime of illegally holding and propagating terrorism and extremist goods appeared in the Amendment to the Criminal Law(9).In the past three years,there have been some problems in the judicial application of the crime,and there are many academic concerns and controversies.Especially,the judgment of "propagating terrorism and extremist goods",the limitation of conviction of "serious circumstances"and the determination of the subjective mentality of"knowing" of the perpetrator reveal that the judicial organs have a great misunderstanding of the nature of the crime of propagating terrorism and extremist goods.Based on the analysis of 25 criminal judgments and other data published on the Internet before and after the publication of the Opinions on Several Questions Concerning the Application of Law in Dealing with Terrorist Activities and Extremist Crimes of the two senior high schools in 2018,this paper draws the conclusion that there are three reasons for the controversy on the identification of the crime of illegally holding and propagating terrorism and extremist articles.First,the inadequate discrimination and understanding of the definitions of terrorism and extremism lead to the delay in the identification of the articles held by the perpetrators and the obvious delay in the case.Second,the inaccuracy of the limitation of serious conviction in the constitution of a crime leads to different sentencing standards and scales before the new Opinion is promulgated.Third,it is not clear whether the purpose of crime is the constituent elements of the crime,whether the pure possession of neutral harmless,whether passive possession constitutes the crime,which leads to the application of probation in sentencing.This article divides the introduction into five parts:the first part,focusing on combing the application situation and controversial focus since the establishment of the crime of illegally holding and propagating terrorism and extremist goods;the second part,by studying the application of law,reflects the normal problems of the objective constitution of the crime.respectively,annotates the elements of propaganda of terrorism,extremist goods and illegal possession.The third part,through the analysis of the key elements of the subjective constitution of this crime,"knowing" and the factors of will,points out in particular that the purpose of crime does not affect the determination of the subjective elements of this crime;the fourth part,combined with the new Opinion,points out that the criminal purpose does not affect the identification of the subjective elements of this crime.The fifth part,combined with the Anti-terrorism Law,analyses the boundaries between the criminal punishment and the criminal punishment in the perspective of the principle of modesty of criminal law,as well as the opinions and suggestions on the identification of holding the articles of this crime,hoping to achieve the unity of punishing crimes and guaranteeing human rights.