On The Essential Condition Of Act Of Illegal Possession The Materials Which Promote Terrorism And Extremism Crimes

Terrorism has been spreading all over the world since 911.Terrorist attacks have become more frequent and diversified,which caused greater loss of life and property.Therefore,lots of countries intensified crackdown on terrorism and extremism.China is no exception,especially Urumqi ’s riot on July 5 and the killings incident of Kunming Railway Station have caused huge losses and bad effects.Although since the 97 criminal law,China has continuously improved criminal legislation against terrorism.However,in order to better combat terrorism and safeguard national security,the “Criminal Law Amendment(IX)” introduced in 2015 added five kinds of terrorist crimes,including the illegal possession of terrorism and extremist articles.Since the crime was introduced three years ago,many cases have appeared in the public’s field of vision.Some cases have revealed that the boundaries between sin and non-crime are unclear.This crime and the sin of the crime are unclear,which has aroused widespread concern in society.discuss.In order to solve these problems,the Supreme Court and the Supreme Court jointly issued a judicial interpretation in May 2018,and made some specific provisions on the application of this crime,and solved some of the more controversial issues.For example,in terms of the seriousness of the plot,the number and type of items held are stipulated.In addition,the criteria for determining subjective knowledge and the procedures for identifying suspected terrorism and extremist items are clarified,but this does not solve all problems.After the new judicial interpretation,the crime still has some problems in terms of behavioral elements.For example,in terms of the main aspect of behavior,since the subject without the possibility of legal interest is not excluded,the scope of the subject is too wide.As far as the object of behavior is concerned,how to determine the nature of the item and how the network item should be identified is still inconclusive.In this article,the author believes that the meaning of illegal possession should be clarified first,and the illegal source of this crime should be clarified,that is,the illegality of this crime comes from the discomfort of the subject.According to the possibility of legal interest,the scope of the subject should be limited,and some subjects without the possibility of legal benefit should be excluded.Secondly,as far as the object of the behavior is concerned,since the traditional definition is not sufficient to deal with the network trend of this crime,the electronic data should be included in the scope of the article.Thirdly,in view of the confusion in the practice of possession and other behaviors in judicial practice,it should be distinguished from the nature of the behavior,and this distinction should apply to all holdings.Finally,judicial practice should pay more attention to the behaviors held by the use of new technologies.Typed discussions should be held on holdings under new technological conditions.The responsibility of network service providers should also be determined on a case-by-case basis.This paper will comprehensively use the research methods such as literature research method,historical research method,comparative research method and case study method,and proceed from the current law and actual cases,and compare and analyze the foreign legal provisions for the existing practical problems,respectively,from the overview and behavior.The elements of the elements,the judicial practice of the elements of conduct,and other aspects of the behavioral elements of this crime are discussed,and corresponding opinions and suggestions are put forward.