The Explanation And Cognizance Of The Purpose Of Terrorism In China

Article 3 of China’s Anti-terrorism Law defines the purpose of terrorism as“political,ideological and other purposes”.The purpose of terrorism is the core element to distinguish between crime and non-crime and this crime and that crime.Under the existing legislative,judicial and practical conditions,it is necessary to further study the interpretation and identification of the purpose of terrorism.In addition to the introduction,this paper includes the following four parts:Part one: the dilemma of identifying the purpose of terrorism.This part mainly analyzes from two aspects: legislation and judicature.Firstly,legislation is insufficient to support the identification of terrorist purposes.In addition to the Anti-Terrorism Law,there are no further provisions on the purpose of terrorism in other legislative and judicial interpretations in China.Secondly,there are the following problems in the judicial determination of the purpose of terrorism: First,there is a general lack of review of the subjective purpose in the review opinion of violent terror audio and video;Second,the court relies too much on the review opinion and no longer reviews the purpose;Third,court confuse the purpose of terrorism-related crimes with the purpose of other extreme violent crimes;Fourth,judicial authorities fail to distinguish between purpose and motive when identifying terrorism-related crimes.Part two: understanding of the purpose of terrorism in China.Specifically:Firstly,purpose is not the same as motive.First,purpose has the directivity of criminal behavior compared with motive.Second,the purpose of terrorism is not the same as the motive of terrorism,and the two cannot be mixed.Secondly,the relationship between the objectives of terrorism and the objectives of terrorism-related crimes.This part will be divided into three categories of crimes related to terrorism to discuss.First,in the crime of organizing,leading,participating in terrorist organizations,assisting terrorist activities and preparing to carry out terrorist activities,the perpetrator needs to have the terrorist purpose;Second,in the crime of propagating terrorism,inciting terrorist activities,illegally possessing articles that promote terrorism,and forcibly wearing clothing and symbols that promote terrorism,it is not necessary for the perpetrator to have the purpose of terrorism.to judge whether it constitutes this crime,the criterion is whether the articles,clothing and symbols involved reflect the assertion of terrorist purpose.Third,in the crime of refusing to provide evidence of a terrorist crime,it is not necessary for the perpetrator to have a terrorist purpose,to judge whether it constitutes this crime,the criterion is whether the crime to which the perpetrator refuses to provide evidence is a terrorist crime.Besides,the specific explanation of “political,ideological and other purposes”.Firstly,Theoretical divergence.The theoretical circles have different opinions on the interpretation of the purpose of terrorism,which is mainly reflected in the interpretation of the connotation of “political” purpose,“ideological” purpose and “other” purpose and the relationship among them.Secondly,the specific connotation of “political,ideological and other purposes”.First,the connotation of “political” purpose.The connotation of the “political” purpose of terrorism includes the “anti-national” purpose of subverting the country,splitting the country or destroying the unity of the country.Second,Connotation of “ideological” purpose.One one hand,the concept of an“ideological” purpose can be summarized as a system of ideas or beliefs.One the other hand,the purpose of “ideology” has three characteristics.Group ideology,stable narrative mode,content and communication as structural elements.Third,the purpose of “other” purpose should be understood as the end of the enumeration.Fourth,the internal relationship of “political and ideological” purposes is a parallel relationship.Thirdly,the explanation of economic,religious,ecological and anti-abortion purposes.Among them,economic purpose do not belong to terrorism purpose,while religious,ecological and anti-abortion purpose belong to “ideological” purpose.Part three: judicial identification of the purpose of terrorism in China.Firstly,the judicial determination of “political,ideological and other purposes” in terrorist acts.This determination is mainly judged by objectification of subjective elements and oral confession supplement.Secondly,the judicial determination of “political,ideological and other purposes” in terrorist objects.First,the judicial cognizance of clothing and signs by means of comparison.Second,there are two ways to judge books and audio and video materials: on the one hand,whether the contents of the articles express“political,ideological and other purposes”;on the other hand,what is the purpose and intention of the producers of the objects.