On The Crime Of Propaganda Of Terrorism, Extremism And Incitement To Commit Terrorist Activities

In August 2015, National People’s Congress Standing Committee passed the "Criminal Law Amendment(ix)", under which the Article 120,i.e. organizing, leading or participating in terrorist organizations, added 6 other offenses including promote terrorism, extremism, allure others into committing terrorist crimes, which for the first time, perfect terrorist crimes in full picture. In December, the "Anti-Terrorism Act" was passed and was formally implemented on 1 January 2016. "Anti-Terrorism Act" states a clear legal concept of terrorism, terrorist activities and terrorist organizations. Earlier scholars have been calling for the drafting of the introduction of specific anti-terrorism law and now it has finally been realized. However, the anti-terrorism legislation in the field of crime is still in its infancy, many of the concepts still need scrutiny, such as what is terrorism? Theory or behaviour? Stream of consciousness in the concept or just objective behaviour? In terms of promoting terrorism, extremism, allure others into committing terrorist crimes, how to identify whether its statutory sentence of upgraded elements of "serious cases" ? For the type of behaviour in the field of counter-terrorism incitement of crime implementation of crime, incitement and other type of crime, such as incitement to secession, incitement to ethnic hatred, ethnic discrimination sin, what is the difference? Because of the above problems, the author decides to set “promote terrorism, extremism, allure others into committing terrorist crimes” as the object of study, by deductive reasoning test, comparative analysis, case analysis, and start from the Chinese Criminal History, based on the concept of terrorism, extremism, from the objective and subjective aspects to analyse “promote terrorism, extremism, allure others into committing terrorist crimes”. Structure and main contents are as follows:The first chapter is written to explore the background of the history of China’s anti-terrorism legislation, to promote exploration of terrorism, extremism, incitement to terrorist activities. Through the analysis, we can see that “promote terrorism, extremism, allure others into committing terrorist crimes” is set up with the development of history. There is growing demand in practice to set up such a law. We can say that this chapter is the foreshadowing of this article.The second chapter centres on the meaning of the concept of terrorism, extremism and explores the weaknesses of the current statute of the concept of terrorism, extremism. Then it comes to the conclusion that terrorism, extremism should be a proposition, consciousness and behaviour rather than objective conclusions. Additionally, it will compare terrorism, extremism and related concepts. It should be said that this chapter is the foundation of this article based on the concept of terrorism, extremism, and further explore the concept of terrorism and extremism and the structure of promote terrorism, extremism, allure others into committing terrorist crimes.The third chapter, from both the objective elements and subjective elements, explores what disputes may have on this crime. From objective perspective, the author focuses on what is the crime set up to protect? How to identify promoting behaviour, incitement? From subjective perspective, what is the main purpose of this crime? Whether there is indirect intent?The fourth chapter the author will first discuss how to solve conflict between this crime and freedom of speech, freedom of religious belief, and then compare this crime with other similar crimes, to find suitable space for each offense by way of comparison. The biggest difference between the crime and the crime of incitement to split the country is whether there is intent to split the country and undermine unity of direct action; the biggest difference between inciting ethnic hatred or ethnic discrimination crime is whether there are ethnic hostilities and national presence; and illegal possession preach terrorism, extremism difference lies in the different items sin objective behaviour.