| The Criminal Law Amendment(9th)has added several crimes related to extremism.As new stipulated crimes,the academic research on such crimes is less,and many confusions,especially what is the definition of extremism,should extremism be ideology or act,or both of them,how do you summarize,understand and grasp the common connotations among the many extremism categories,what is the difference between extremism and terrorism,and as a new type of crime,how to define the crime of extremism,how to sort out the puzzling problems in the identification of accusations of extremism crime,occur in application of the accusations during judicial practice.In view of these perplexities and difficulties,the author first explores the definition and connotation of extremism from the perspective of law.The author holds that extremism has different understanding in different contexts,and the research achievements of extremism in political science or religion field provide an important reference to the study of extremism in jurisprudence.Specifically,in the field of criminal law,extremism itself is not the object of adjustment of criminal law,only when the perpetrators propagating extremism,or using extremism to destruct the enforcement of law,or forcing to wear clothing,signs which promoting extremism,or illegal holding of extremism materials,the crimes are committed.Thus,extremism at this time refers to the idea of"by distorting religious doctrines or others means to incitement hatred,incitement discrimination,and advocacy of violence."Extreme crime refers to"the perpetrator’s practice of inciting hatred,inciting discrimination,advocating of violence and other acts by distorting religious doctrines or other methods,resulting in serious social consequences,and prescribing as a crime by criminal law."Also,the author holds that the main distinction between extremism and terrorism is the political orientation in terrorism,while extremism doesn’t take political orientation as its necessary condition,and extremism is the ideological basis for the breeding of terrorism,while terrorism is the most extreme manifestation form of extremism.Moreover,in order to accurately applying accusations,the act of space,the behavior of the subjective state of mind,object and objective aspects,es.should be accurately grasped in the identification of extremism accusations.In addition,for the reason that the current legal provisions are not clear and perfect,the author make recommendations to the relevant legislative work to provide a reference. |
