| Terrorism crime is a new word,never in recent years,compared with the traditional way of crime,crime of terrorism and added a new change,the most prominent is way of using the Internet or other media to promote terrorism and extremism,which broke the limitation of time and region,the crowd,let the spread of terrorism risks,"criminal law amendment nine therefore also added that the crime of terrorism and extremism.This article,from the case to li mou some Xie Mou preach in terrorism and extremism,for example,in the case of prominent differences of opinion,inductive conclusion disputes,and so on legal principle analysis,combined with the latest 2018 " about two to deal with terrorism and extremism crimes opinions on some issues of applicable law "(hereinafter referred to as the " 2018 " opinion "),to promote the judicial cognizance of terrorism and extremism behavior carries on the detailed analysis,in order to similar cases in the judicial practice to deal with.The first part is the basic situation of the case: the cause of the case,the brief introduction of the case,the divergent opinions,namely,the crime of propagating terrorism and extremism,the crime of illegally holding propaganda terrorism and extremist goods,the joint punishment or innocence of the two crimes,as well as the controversial focus,what is the subjective crime,whether the defense of freedom of expression is established,whether the anti-terrorism brigade of the Public Security Bureau is reasonable,and whether the circumstances of the crime are reasonable.Whether the determination is reasonable or not,and how many crimes the perpetrator actually constitutes.The second part is the jurisprudential analysis of related issues: this part is divided into five parts around the focus of the previous controversy:(1)to analyze the subjective composition of the perpetrator,clarify its understanding should reach the degree of probability,at the same time define the meaning of propaganda specifically,in the choice of the target offender and the tendency offender,at least should have the tendency of propaganda;(2)to propagate terrorism,extreme.The propaganda behavior of the crime of extremism is a kind of speech expression behavior,but not all the speech about terrorism and extremism should be prohibited,and the criminal law should not overreact;(3)the administrative confirmation made by the General Administration of Counter-Terrorism without clear standards is not reasonable,and the administrative confirmation plays a vital evidential role in the follow-up judicial review,but its impartiality and objectivity.There are doubts,which can not be takenfor granted as evidence;(4)when the circumstances of advocating terrorism and extremism crimes are unclear,there are some differences between the provisions of the Anti-terrorism Law of the People’s Republic of China and the Criminal Law,and there are defects in the connection between execution and execution;(5)when it comes to the relationship between the number of crimes,illegal possession which is strongly related to the crime is concerned.There are many disputes about the punishment of the crime of publicizing terrorism and extremist goods.The paper considers that the theory of imaginative competition is more appropriate in combination with the latest judicial interpretation.The third part is the analysis conclusion of the case: Li Mou-mou and Xie Mou subjectively should recognize that the video has the attributes of terrorism and extremism,but they do not have the tendency to promote terrorism;their behavior belongs to the expression of speech and is within the scope of freedom of speech;and the administrative identification as evidence in this case directly affects the flaws in the discretion of the case;Human beings should not be guilty of advocating terrorism and extremism,but should be innocent.The fourth part is the Enlightenment of this case.In view of this kind of crime,we hope that in judicial practice we can comprehensively evaluate the subjective content of the perpetrator,find out the reasonable boundary of freedom of speech,change the administrative identification into judicial identification,and do a good job of linking the execution of terrorism and extremism crimes,and clarify the number and boundaries of terrorism and extremism crimes. |
