Research On Incitement And Its Regulation In Criminal Law

Incitement crime refers to the crime of intentionally instigating an unspecified person to commit a target crime by means of agitation,encouragement and other means.Since ancient times,incitement crime has been strictly guarded against by the rulers of various countries in the form of law: China's criminal law stipulates six incitement crimes;in the Anglo-American legal system,incitement is included in the general provisions of the criminal law to regulate incitement crime.However,there are still many deficiencies in the theoretical research of incitement crime in the academic circles,such as unclear boundaries of conviction,difficult to distinguish with related concepts,and some defects in the current relevant legislation in China.In order to solve the above problems,this paper starts from the related concepts of incitement crime,studies the nature of incitement and the limits of conviction,and in the framework of our current legislation,combines theory and legal provisions,gives corresponding suggestions to improve the existing problems and defects in the legislation.This paper is divided into four parts:The first part is an overview of incitement crime,including its origin,concept,characteristics and legal nature.The second part is the theoretical research on the boundary of incitement.Firstly,it distinguishes incitement from incitement from its nature,object and degree of danger.Secondly,it clarifies the boundary between the incrimination of incitement and the protection of freedom of speech.Finally,it analyses the theoretical basis of incrimination.It is concluded that the regulation of incitement is the requirement for the implementation of preparatory acts,and clarifies the regulation of incitement by criminal law.The third part is the current situation and problems of the regulation of incitement in our country's law.Firstly,it analyses six charges of incitement crime in criminal law one by one.Secondly,it collects a large number of practical cases and summarizes them in the form of charts to make an empirical investigation.It visually shows the situation of incitement-type crime in judicial practice in the past ten years and summarizes its characteristics.Finally,combined with the above analysis,we can conclude that the current legislative provisions and judicial practice of our country on the inadequacy of the regulation of incitement-type crime.The fourth part is to improve the regulation of incitement crime in our criminal law,that is,on the basis of the preceding article,to discuss the danger of the expansion of penalty power and the restrictions on the implementation of preparatory acts,and to put forward suggestions on the improvement of the regulation of incitement crime.