Study On The Law Application Of The Crime Of Propagating Extremism

In recent years,terrorist organizations have used the Internet to propagate extremist books,audio and video materials,infiltrate ideas and create social panic,seriously threaten China’s ethnic security and social stability.In order to more specifically sanction the increasingly rampant propaganda of extremism,the Criminal Law Amendment(IX)added the crime of propagating extremism.Due to the recent establishment of this crime in our country,there are many controversies about the law application of this crime.These controversies are mainly carried out in two aspects:On the one hand,it is the crime constitution of this crime,which is manifested in the controversy between the object and objective requirement;On the other hand,there is a controversy over the boundary between this crime and related crimes,the distinction between this crime and the crime of illegally holding extremist objects and inciting ethnic hatred and ethnic discrimination.Through literature analysis,case analysis,annotated research,comparative research and other methods,the above problems are analyzed and demonstrated in detail,and the following conclusions are drawn:The criminal object of the crime of propagating extremism should be unspecified or the life,health,security of public and private property,and social peace of the majority.The determination of the act of making,writing,etc.should be based on the intention of propagating.The violent extremism video belongs to the behavioral object of propagating;only objective descriptions of extremism in news media,teaching,and research activities should be excluded.Grasping the boundary between the crime of propagating extremism and the crime of illegally holding extremist objects.First,we must distinguish between propagating and holding.Second,we must distinguish whether holding constitutes a criminal preparation for the crime of propagating extremism.Deliberately making the holding objects visible to others,is propagating;If it can be proved that the holding is for propagating,then only the criminal preparation for the crime of propagating extremism is established.Judicial practice can distinguish crimes of propagating extremism and the crime of inciting ethnic hatred and ethnic discrimination from the perspectives of object violations,behavioral content,crime plots,subjective and intentional content.If the content of inciting ethnic hatred or ethnic discrimination is involved in the process of propagating extremism,or deliberately inciting ethnic hatred and ethnic discrimination to endanger public security,there may be a co-opetition of the two crimes.At this time,it should be convicted and punished for the crime of propagating extremism.