Interpretation Of Compulsory To Wear Publicizing Terrorism And Extremism Clothing And Logo Cirme

There is a new charge have been added in the “Criminal Law Amendment(IX)".It is compulsory to wear publicizing terrorism and extremism clothing and logo.It has the pioneering meaning to add this charge into the adjustment range of criminal law about wearing behavior.It is important to explore the legislative background for understand the crime.The legislation clearly shows preventive features and reflects the determination that state combat terrorism and extremism.There is a violation of the freedom of human rights,although preventive legislation plays an important role in protecting the legal interests.If applied improperly,it may violate the inhibitory of criminal law.In order to prevent the expansion of preventive criminal law,we need to insist the limiting attitude for judicial.It is necessary to keep the synchronicity when we working in the exact legal framework and carrying out a strict anti-terrorism policy.In judicial practice,as for solve the problems come from the feasibility of justice,the judges should make a verdict in two parts,subjective and objective.At last,when we discuss the punishment of the crime,it is not only necessary to pay attention to the self-consistency of the criminal law system but also to attach importance to balance the cooperation among the different laws.It is required us exact combine imagination and principles to deal with the issues about how to balance the crime and criminal penalty.There are four parts in this paper and the total words 4,000 approximately.Part one: The performance of legislation about Compulsory to wear publicizing terrorism and extremism clothing and logo.The background of the legislation is come from the deeper influence of the extreme religious,in some parts of our country.They dissimilate traditional religious thought,change the customs and injure ordinary believers.Based on this,after repeated discussions,the behavior that forcing others to wear terrorism and extremist clothing and logo in public places have been added in criminal law.It protect the public safety.It has some features like the abstract of dangerous result,the helpfulness of criminal behavior and the provocative of the actions.It shows the foresight of the legislation but it still has some hidden dangers,such as the legislation may cause the shrinking of freedom and the assumptive condition may violate the inhibitory of penal law.Part two: Seek for the balance of the value and the conflict of anti-terrorist preventive legislation.At first we need to know if it is over intervene in the issue of human rights whenwe try to fight crime and look for a good social safety.Then whether the basic value of freedom can be achieved when the risk criminal law become more political and politicized.Secondly,on the one hand,we need consider the balance of the safety order and the human right value,and on the other hand we need to seek for the balance of the criminal policy and the function of criminal law.In order to satisfy all the benefits of both of them,in this paper,there are two macroscopic guiding principles,one is keep the dynamic balance for the Legislation Expansion and the Judicial Restriction.And the second one is keep the synchronicity when we working in the exact legal framework and carrying out a strict anti-terrorism policy.Part three: The identified of the crime about enforce wearing publicizing terrorism and extremism clothing and logo.We will talk about this problem in two ways.At first,from the subjectivity,it has the purpose of terrorism and extremism,and this purpose is illegal,only when this purpose have the tendency implied terrorism and extremism,it can be identified as crime,because this kind of tendency is illegal.So we think it is the crime of tendency that enforce wearing publicizing terrorism and extremism clothing and logo.Then from the part of objective facts,when we define the clothing logo,we need to distinguish the terrorism and extremism clothing and the national costume and religious dress strictly.In order to avoid the punishment range for crime expanded.So in my view,it should give specific examples and miscellaneous provisions.For example,the “dress” doesn't mean the cloth what you are wearing,it also including the things on your skin including the doodles and tattoos.Then the“public” should be identified by the high mobility of population and the unspecific of people.And when it comes to the cyberspace,the public should be defined as the public area in network space,the personal space in the cyberspace should be removed.Part four: The punishment measurement for the crime about enforce wearing publicizing terrorism and extremism clothing and logo.The legislation should not only consider whether to violate the law,but also consider the system of the new crime,and should also pay attention to the interconnection between criminal law and other laws.For instance,promote terrorism,extremism and inciting terrorism crime.For this crime,there is no plot requirements,so it can be sentenced to no more than five years in prison,if the circumstances are serious,it can be sentenced to five to fifteen years.But we can find it has lower penal punishment for enforcing other people promote than promote these news by self even though it has more damage for social.It means that the crime which have more damage may get lesspunishment.Therefore,for purpose of avoiding this situation,we should measure the punishment for the heaviest crime.In China,we adopt “dual-track system” to define the terrorist organizations and people.As for solving the problem about how to coordinate application for penal law and other laws,the judicial confirmation shall prevail when there is a contradiction between the judicial and administration.If there is a mistake,it can apply for correction with the legal procedure and guarantee the fairness and justice.In the application of fine penalty,it is necessary to consider the actual situation of the criminal,and in special circumstances,the application of the fine shall be restricted.At last,according to the situation that this judicial can be used in no condition,we need to consider all of this appropriate.We shouldn't over emphasize the deterrent force for criminal laws when we talk about the fight terrorism and extremism crime problem,it may cause the rebound effect.In the governance of the preliminary crime,we should combine the promotion of education cultural sharing and other flexible ways to maximize the prevention effect.