| Freedom of speech is not only one of the fundamental rights of citizens in the constitution of China, but also an important part of several human right conventions andconstitutions of most countries. Freedom of speech, as a significant characteristic of democratic society, has been closely protected. However, since China is being in the social transformation period, the conflicts between freedom of speech and other rights and interests are more serious. In addition, the enforcement of freedom of speech is inclined to infringe the rights and interests of other people, society and state. Therefore, the cases of the conviction of inflammatory speech are not rare.This thesis is divided into four parts:Firstly, the thesis makes an attempt to define the scope and the concept of inflammatory speech.Secondly, the thesis discusses the relationship between speeches and acts. There are three theories which are the statements "speeches are acts", "speeches are not acts" and "speeches are sometimes acts and not acts sometimes". After the introduction and analysis of three theories, I put forward my own opinions.Thirdly, the thesis makes an analysis about the conviction of inflammatory speech on the basis of statistics and jurisprudence. The purpose of statistical analysis is to reveal the characteristics of the conviction of inflammatory speech through the analysis of the existing cases in practice. And the purpose of analysis on the basis of jurisprudence is determining the boundary of inflammatory speech through the discussion of basic theories and comparative law.Finally, the thesis makes suggestions for the improvement of inflammatory crimes after discussing the current situation of the conviction of inflammatory speech in China. There are three suggestions. First of all, in order to perfect the theory system of inflammatory crimes in China, charges of incitement to terrorism shall be added in criminal law. Second, the boundary of freedom of speech of citizens shall be clarified for the purpose of the balance between protecting rights and fighting crimes. At last, the constitutive elements of inflammatory crimes shall be strictly stipulated for dealing with the abuse of related charges in judicial practice. |
