Research On The Problem Of Interpretation Opinions On The Crime Of Illegally Possessing Articles Promoting Terrorism And Extremism

With the continuous progress of science and technology,network communication technology has already subtly changed our way of life.However,the convenience of this kind of information dissemination not only brings convenience to people’s lives,but also intensifies the spread of terrorism and extremism.At present,the international environment is complicated and the domestic "three evil forces" are constantly moving.In order to combat the spread of terrorism and extremism from the source,it is of great significance to correctly identify the illegal possession of items that promote terrorism and extremism.This article aims to collect practical cases after the judicial interpretation was issued in 2018.With the method of case analysis,firstly,by sorting out the cases,it summarizes and analyzes the problems of identifying the items involved in judicial practice;The logic of this paper is decomposed and explained;finally,the proper path for constructing the review standard under the existing legal system is discussed,and the review obligation of the judicial organ is clarified.This paper is structured into five parts.Starting from the case study,the first part starts with actual cases,detailed statistics of all public judgments nationwide since 2018,and found the root cause of the problems in judicial practice of illegal possession of the crime of propagating terrorism and extremism.It is based on the conclusions of the review opinions on the identification of the items involved,and concluded that the definition of terrorism and extremism is inaccurately understood,the review standards are lacking,the nature of the review is unclear,and the judicial organs have not fulfilled their review obligations.The second part starts with the understanding of the definition of terrorism and extremism in judicial cases,and analyzes the current deficiencies in the definition of terrorism and extremism and their proper meaning.The third part clarifies the nature of the administrative organ’s reviewing opinions on the items involved by distinguishing the differences between administrative identification,administrative appraisal and inspection reports.The fourth part aims to find out the logic of the decision made by the administrative organ.Through the analysis of the operation logic of the review opinion itself,it is found that the root cause of the confusion in judicial practice of the crime of illegal possession of the crime of propagating terrorism and extremism lies in the lack of the standard of the review opinion itself.and logical confusion.The fifth part establishes a system of rules for reviewing opinions by clarifying the methods of identifying terrorism and extremism,and clarifies the specific content of the review by judicial organs.The innovations of this paper are as follows: First,through the judicial analysis of the crime of illegal possession of articles that promote terrorism and extremism,the root cause of the chaos in practice is found and explained,which is the confusion of the administrative organs’ reading opinions,and the reason is clarified..Second,the rules for reviewing opinions are systematically constructed,and the specifics of the judicial organs’ review are clarified.