Research On Crime Of Inciting Ethnic Hatred And Ethnic Discrimination

Ethnic issue is seriously a global and multinational problem,.since ancient times,there is ethnic tensions and conflicts, in 1997, “criminal law” brought the national equal rights into the criminal regulation and added incite ethnic hatred and ethnic discrimination. This paper discussed the relevant issues of incite ethnic hatred and ethnic discrimination from the perspective of the theory with practice, combined with some previous results and real case, includes three parts:The first part is the introduction, where introduces the academic background,theoretical and practical significance of this crime, as well as its development from the review of the research and the legislative situation.The second part is the main part of the paper,including four chapter.The first chapter defined the incite ethnic hatred and ethnic discrimination. First of all,the legal protection of the rights on the national equality was generalized and that national equality should implement formally and substantially equal; Then origin of crime was clarified from national policies and laws; at the same time,further discussion about the balance of this crime in criminal law and constitutional rights was carried out, finally, the results show that the inflammatory statements caused by regulation crime are not among the constitutional protection of free speech, the study of hate crimes should be done by studying criminal mentality from the actor's hate expression, illegal religious activities should be cracked down as well as the protection of national freedom of religious belief.The second stated the construction of the incite ethnic hatred and ethnic discrimination. Based on basic concept of the crime constitution, object of the crime,objective aspect of the crime, subjective aspect and main of the crime were analyzed combined with judicial case. violated object of this crime is complex,mainly the national equality and national unity; objective aspect performance is the violation of the party's ethnic and religious policies, by means of words, pictures, video and other demagogic way, or books or the Internet and other media; Subjective aspect includes direct intention and indirect intention; the subjective is general subject,which is of younger actor, ethnic discrimination and hatred two-way.The third chapter is about the Judicial cognizance of Incitement to ethnic hatred, ethnic discrimination crime,and analyzing several related puzzles such as the crime and not crime, this crime and crime, a crime and several crimes, and whether there is a criminal attempt refers to a crime.By comparing the differences and similarities between charges and looking at the existing problems and blind spots in the judicial practice to provide reference for justice. The fourth section is research on other related questions about the incite ethnic hatred and ethnic discrimination. Discussed its position in the specific provisions of criminal law system mainly from the object of this crime, and considered it is not right to put it in the Reputation and personality of crime.At the same time pointed out that in the trouble world where the extreme nationalism and terrorism are tight coupling,it should be carefully screened this crime and crimes of endangering state security to rise to the national level of demagoguery,and perfect relevant legislation. So that both adhere to the principle of legality but also embodies the spirit of modesty penalty.The third part is epilogue.The study of this crime should be standing in the macro background in which the global and national character,accurately grasping its judicial positioning and strengthening Criminal law and constitutional protection of ethnic equality.In the national policies and laws,on the one hand,search this crime and other harm national security, national crime Combined with the present anti-terrorism situation to form the gradient norms of criminal law system.On the other hand, guide the people of all ethnic groups better adapt in the political, economic, cultural,even penetration and fusion for the ethnic relations of equality and harmony.