Discussing On The Crime Of Illegal Holding Of Promotional Items For Terrorism And Extremism

In recent years,the crime of terrorism and extremism in our country has been increasingly rampant.It has become a tumor harming social stability and affecting national unity,and poses a serious threat to people's life and property.With the deepening development of the Internet,criminal techniques of terrorism and extremism have also "kept pace with the times" with great changes.Their development trend gradually shows a combination with the network,highlighting the performance of promoting the audio and video of terrorism and extremism through the network.This kind of transmission is extremely harmful,so it must be strictly guarded and regulated ahead of time.The crime of illegal holding of promotional items for terrorism and extremism is a new added one by our country to strictly make the arm of the anti-terrorism criminal law tight and to intensify the crackdown on terrorism and extremism crimes.It shows the obvious characteristic of early protection of legal interest,and is a typical case of abstract dangerous criminals in the risk social context.The setup of this crime is based on the reality of China's anti-terrorism situation,but the description of the crime in article 120 of criminal law is too concise and general.So what is terrorism,what is extremism? What is the difference between the two? How to distinguish between administrative penalties and criminal penalties? Why should we set up a gross violation? How is the current situation of the application of the gross violation,and how to handle it at the actual level? What are the criteria for identifying the cases of gross violation? What items belong to the range of items that promote terrorism and extremism? In the case that the law gives no clear specification and no judicial interpretation with special provision can be found,accurate understanding and application of this crime have become a top priority,this study is carried out in the context of above background.This paper is divided into six parts:The first part elaborates the background and significance of the study.From the entry into force of this crime to now,three cases that have been heard and judged and can be retrieved can be the starting point that educes the key research topic of this paper and introduces the current research situation of domestic scholars on this crime.The second part makes a comprehensive review of our country's anti-terrorism criminal legislation,summarizes the characteristics of criminal legislation at all stages of the crime,and makes a prediction of China's future criminal legislation against terrorism that China's future anti-terrorism criminal legislation will be more severe and more perfect.The third part introduces the definition of terrorism and extremism by domestic and foreign scholars.On this basis,the author puts forward his own views and opinions on the meaning of terrorism and extremism,and discusses the relationship between them.The fourth part mainly analyzes the objective constituent elements of this crime.This part shows the point that the legal interest protected by this crime should be public safety,clarifies the scope of promotional items for terrorism and extremism,and puts forward the author's own views on how to make criminal cognizance.To constitute crime,gross violation should be done.Gross violation is the key element of this crime rather than the element that aggravates the penalty.The setup of gross violation raises the threshold of the crime,so the scope of crime fighting can not be too broad.Before cognizance of gross violation,a single standard judgment should be done.Only in the absence of a single standard,can the comprehensive standards be chosen.The fifth part analyzes and discusses the subjective elements of this crime.If convicted,the perpetrator doesn't have to have special criminal purpose and motive because of the reveal and interception of this crime.For the determination of intentions,we must adhere to such two basic principles as having an objective and overall view,and allowing the parties to refute.The sixth part summarizes the two crimes with real cases as a reference.The key to distinction between holding promotional items for terrorism and extremism and promoting items for terrorism and extremism is to grasp the true meaning of holding and promoting.Making others aware is promoting,and making no others aware is holding;a crime or several crimes can not be determined generally,because it needs the details of the case and a comprehensive analysis and judgments.