Judicial Cognizance Of The Crime Of Inciting Ethnic Hatred And Discrimination

In the year1997,the criminal incorporate of the laws hatred and economics definition was established in The Criminal law of China,which came into being with the promotion of China’s ethnic integration policy to safeguard ethnic unity,protect ethnic rights and interests,ensure the realization of equal rights of ethnic groups,and ensure the stability of national operation and the sustainable development of social economy.At present,at the critical moment of severe changes at home and abroad,anti-social phenomena or actions,mainly represented by extreme ideologies such as "violence","hatred" and "ethnic separation",have reappeared in remote areas such as Xinjiang,Tibet and Sichuan,posing a great threat to the stability of China’s border areas.Accordingly,this paper pays attention to one of the most important contents in the study of ethnic criminal jurisprudence--criminal charges related to ethnic groups and their application,focusing on the judicial determination value of the crime of inciting ethnic hatred and ethnic discrimination.Being made of three main parts,the first part of the essay is the basic theoretical research on the criminal incitement of the ethnic hatred and ethnic discrimination.Firstly,it discusses the surface,implication and pattern of manifestation ethnic hatred and ethnic discrimination.This paper defines the theoretical connotation of the crime of inciting ethnic hatred and ethnic discrimination,whose contents is due to be clarified.It traces its historical evolution in China’s criminal law system.The value orientation of the crime is discussed,that is,ethnic unity,ethnic equality and ethnic prosperity.The second part of criminal incitement of the ethnic hatred,ethnic discrimination constitute the determination of research.Focusing on the study of the constitution of the crime of provoking ethnic hatred and ethnic discrimination,this paper probes into the object,objective aspect,subject and subjective aspect of the crime.The former part is a complex one,which includes not only the equal rights between ethnic groups,but also the personal and democratic rights of ethnic members.The objective aspect is mainly to incite ethnic hatred and discrimination,and the circumstances should be serious.The manifestations of the incitement are diversified,which can exist in the real environment or appear in the virtual network.The subject of this crime can be a natural man,who can the Han or the ethnic minority group.According to the judgment of the tried cases of such crime among China,the doers of this crime is increasingly younger and younger,and the perpetrators have certain regional characteristics,mainly concentrated in Xinjiang region,which does a great effect on the environment itself.The subjective fault of this crime can be intentional,directly or indirectly,and must be aimed at stirring up ethnic hatred.On this basis,the paper focuses on the difficult issues of this judicial determination of the crime,which is the aspects of the crime objectively and subjectively.Objective aspect of crime,focused on the behavior of harm and the cognizance of the circumstances of the crime,harm behavior,focus and demagoguery means of incitement,think inciting behavior has from the traditional offline development way of word of mouth,such as teaching or lectures to the network,offline or both,a combination of demagoguery means more and more big,and also more and more fast,The scope is increasingly uncontrollable;Qualitative punishment of incitement should be carried out in accordance with the legal interests of infringement,and attention should be paid to the transformation of its criminal nature in judicial practice.The determination of criminal circumstances depends on the determination of crime and not-serious criminal determination or the determination of aggravating punishment "particularly serious" determination,it is considered that the determination of circumstances should be mainly from the object of incitement,content,means and consequences."Serious circumstances" should be defined as: very bad motives;Bad means of incitement;Repeated incitement leads to widespread social unrest with bad influence,which brings great damage to the atmosphere of ethnic unity."Especially serious" means a large number of people incited and a great incitement on the basis of serious circumstances;Incitement causes mass incidents or large-scale ethnic conflicts;Causing local violence or terrorist violence;Resulting in heavy casualties and adverse international repercussions.The determination of the subjective aspect of the crime is that the instigator has realized that his or her behavior is seditious,which will lead to ethnic hatred and discrimination.Hoping or letting this harmful result happen is direct intention under the will factor of hope,and indirect intention under the will factor of element.The purpose of the crime is to direct ethnic hatred and discrimination.If the purpose of the incitement is to split the country,carry out terrorist activities and disturb social order,it should be punished as a crime.The third part is the identification of the crime forms of inciting ethnic hatred and ethnic discrimination.Discusses the accomplished crime,preparation of this crime,attempted crime and crime to suspend the four forms that standard to judge crime accomplishment is the demagoguery completed,enough to make the generation between ethnic hatred,and attempted to break down of preparation,that should be combined with the behavior and environment comprehensive analysis with the result,can accurate conclusions.