A Study On The Determination Of Illegal Possession Of Articles Propagating Terrorism And Extremism

In order to deal with the new situation of terrorism and extremist crimes,the Criminal Law Amendment(IX)added the crime of illegally holding terrorism and extremist articles.This article defines terrorism and extremism as ideas and claims.It believes that extremism and terrorism should be overlapping and provide a basic theory for the study of the identification of crimes.This article considers that the legal benefit of this crime is public security.This includes the stability and tranquility of public life,which distinguishes it from national security and provides the basis for the identification of this crime.In analyzing the constituent elements of this crime,this paper puts aside the different theoretical controversies such as "three-level theory" and"four-element theory",and analyzes it from two aspects:objective factors and subjective elements.The objective element constituting this crime is that the perpetrator illegally holds items that promote terrorism and extremism.For illegal possession,this article focuses on the new forms held in the network environment.For the promotion of terrorism and extremist articles in this crime,this article believes that its promotion should be to modify "items." The subjective elements of this crime include the subjective knowing and holding intentions and the illegal understanding.The purpose and motive of the crime should not be used as the constituent elements of this crime.As a constitutive element of this crime,"serious circumstances" is also crucial to the identification of this crime.This paper analyzes the practice cases and considers that the number of items in this case should be unique.At the same time,it proposes several other general plots including the identity of the staff of the state organs.Finally,this paper distinguishes between this crime and the promotion of terrorism and extremism crimes in the practice of distinguishing between holding behavior and propagating behavior in the network environment and partially promoting the recognition of the problem.