Research On The Legislation Of Crime Of Extremism

As a new type of crime,the crime of extremism has entered the field of criminal law after the promulgation of Criminal Law Amendment IX.At present,the legislation of the crime of extremism is not perfect,which has caused several troubles to the activities of combating extremism in practice.Focusing on the fundamental purpose of "de-extremism",this paper,on the premise of balancing the protection of legal interests and the protection of human rights,puts forward some arguments and reflections on how to better improve the current criminal legislation in China.This paper is divided into five parts:The first part is an overview of the crime of extremism.First of all,this paper summarizes the concept of the crime of extremism from the perspective of literary meaning,legal norms and academic theory.The crime of extremism refers to any individual or organization pursues some kind of value which is contrary to the mainstream and rejects any other values,and promotes the realization of its specific ideology by means of violence(with necessary limits)or non violence against others,thereby causing serious harm to public safety;second,to distinguish extremism and terrorism,this paper summarizes the similarities and differences between the two types of crimes.Extremism has an inclusive relationship with terrorism,and the differences between them are shown in three aspects: politic,organization and action;third,this paper uses specific ideologies as the classification standard to divide the types of crimes of extremism,including the crime of political extremism,the crime of ethnic extremism,the crime of religious extremism and other kinds of crimes of extremism.The second part is an investigation of legislation of the crime of extremism.First,this paper investigates the legal norms related to extremism in foreign countries,and summarizes the enlightenment to the criminal legislation of our country;second,this paper investigates the Chinese criminal legislation of the crime of extremism,by summarizing the legislative characteristics of the crime of extremism(including the early protection of legal interests,the wide range of punishment and the severe punishment)and analyzing the specific charges of every crime of extremism.The third part is the legislative value of the crime of extremism.The main value pursued by the legislation of the crime of extremism is the security value,but it implies the risk of human rights protection.Therefore,this paper proposes to make a reasonable amendment to the legislative value of crimes of extremism and advocates security values based on freedom.The fourth part is deficiencies of legislation of the crime of extremism.On the basis of setting up safety values based on freedom,this paper analyzes the legislation of the crime of extremism in China and points out existing problems.These problems mainly include: inappropriate legislation mode;single guilt mode;incomplete crime system,unreasonable setting of individual articles of law and insufficient modes of criminal sanctions.The fifth part is perfections of legislation of the crime of extremism.Aiming at the problems summarized in the fourth part,this paper puts forward reasonable argumentation and improvement suggestions.The recommendations mainly include: setting up the crime of extremism separately;adding the crime of organizing extremism organizations and the crime of financing extremism activities,deleting the crime of illegally holding articles that advocates extremism;adding the deprivation of political rights and the regulation of prohibition of employment,and improving placement education system in specific content and specific years.