Study On The Judicial Determination Of The Crime Of Illegally Holding Terrorist Goods

Set up the crime of illegally holding terrorist good it was effectively curbed the terrorist crime situation.Although the judicial interpretation stipulates the standard of quantity and the determination of"knowing"situation,by comparing the 26 cases of the judgment after the crime was established,it is found that there is still a problem in the judicial determination the crime.Because there is no clear standard of recognition,and the difference between the terrorist goods and the extremist goods are not been distinguished in detail,which has causes the recognition of the holding objectsis too general;since the propaganda activities such as propagation and sales are recognized as holdings,and is not distinguish the uploading behavior according to the characteristics of criminal tools,that cause the problem of confusion in behavioral identification;due to the vagueness of the quantitative standards and the ambiguity of other serious circumstances,cause the difficulties in identifiying serious circumstance.To solve the above problems,it is necessary to closely distinguish the propaganda characteristics of the articles when the object is held,and make a detailed distinction according to the nature of the contents reflected in the articles involved;when distinguishing the holding behavior,pay attention to the difference between holding and propagating,according to the characteristics of the criminal tools used.Evaluate the uploading behavior;determine the crime plot in a unified unit of measurement,and pay attention to whether there are other serious plots.Taking into account the development trend of this crime,in order to prevent the emergence of new problems in judicial practice,it is recommended to establish a unified identification standard for the items involved to facilitate the identification of crimes,and increase the punishment of relevant network platforms to reduce and prevent crime,the highest people.The court issued a typical guidance case to provide guidance for the judicial determination of the crime.