Confirmation Of The Crime Of Incitement To Subvert The State Power

China’s public security organization,Procuratorial organs,eourts in accordance with the provisions of the criminal law,the illegal inflammatory speech and behavior of strict restrictions,to maintain social order and national security is of great significance.Article 28th of the Constitution protects national security,incites the subversion of state power against the benefits of national security laws,and punishes incitement to subvert state power.However,in practice,there is a situation in which too much attention is paid to the interests of the State and society as a whole,confusing incitement to subvert state power and other crimes,confusing inflammatory and other statements,maintaining a high sensitivity to speech that endangers state power and the socialist system,and making it extremely easy for citizens to "incriminate" in the publication or participation in activities containing political factors It greatly restricts the exercise of citizens ’ freedom of expression and infringes the freedom of expression accorded to citizens under article 35th of the Constitution.The crime of inciting subversion of state power is a special kind of political crime,in the process of determining the specific limits of the crime,the Comprehensive constitution 28th and the 35th measure principle,to ensure that article 28th of the Constitution to maintain the stable state of national security,to ensure that the citizens guaranteed by the Constitution of article 35th will be their own internal,Unknown ideas are now the normal exercise of the right to know and communicate with others,thus protecting citizens ’ freedom of expression,so as to structure the balance system of punishment and impunity,punishment and administrative punishment of speech.