On The Judicial Determination Of The Crime Of Illegally Holding And Propagating Terrorism And Extremist Goods

In recent years,the crime of terrorism and extremism has become more and more rampant in China,which poses a great threat to the social stability,national unity and people’s life and property security.At the same time,with the information technology developing rapidly,terrorism and extremist crimes have also changed a lot.Criminals make more use of the high-speed communication of the network and the non-specificity of the audience groups to result greater social harmfulness.Therefore,the Criminal Law Amendment(Ⅸ)promulgated,which added a number of crimes involving terrorism and extremism.Due to the short time of this crime establishment,the relevant supporting laws have not been issued,and there are many problems in the existing judicial precedent.For this reason,this paper discusses several core issues of this crime one by one.This article is divided into six parts:The first part is a comprehensive analysis of the 32 criminal judgments combined with relevant laws and regulations.These cases aim to explore the characteristics of the criminals and to sort out the controversial issues.The second part makes a further clear identification of the legal concepts of terrorism and extremism starting from the legislative evolution.The third part is the identification of illegal possession.By comparing with other crimes of possession in Criminal Law,we can include the possession can be divided into legal and illegal possession.Combined with time,space,law cases and other elements,this part respectively describes the traditional possession and virtual space possession.Nowadays,the virtual space possession has become the most important form of possession,which is also the main focus of this part.The fourth part is about the identification of terrorist and extremist goods.The first one is to identify the substance in combined with the crime of illegally holding guns and ammunition;and to explain the materialized electronic information that publicizes terrorism and extremist crimes according to the standard of "easy to show and reproduce" one by one.The second one is to identify the propaganda combined with the propaganda mode of Falun Gong.The third one is to discuss the standards and identification organs of promoting terrorist and extremist goods in detail.The fifth part is the cognizance of subject and knowing.In terms of this crime,the subject of crime is generally natural person,among which the network service provider is one of the important subjects.With the help of the network service process,we can determine whether the network access service provider,network information service provider and network platform service provider is illegal.The sixth part is the identification of the serious circumstances.Combined with judicial cases and comparing the aggravating circumstances of other crimes in Criminal Law,the author lists several special circumstances that should be included in the aggravating circumstances,which includes the number and types of holding the propagating terrorism and extremism goods,the times and duration of holding behaviors,the holding of special subjects and holding and propagating terrorism and extremism goods for other purposes.