Abstract:
According to the statistics of published judgment documents, more than 70% of violent terrorism propaganda offences are characterized by release or retransmission towards we-chat groups or friends with one-click. Some netizens are difficult to distinguish the violent terrorism nature of videos, but at least know they belong to general violent videos. Because the establishment of propaganda crime takes the knowing of violent terrorism content as the element, some judicial judgments tend to deduce subjective knowing based on objective disseminated consequences, which leads to the improper expansion of crime circle and the dislocation of penalty application. The propaganda which is unable to confirm the knowing of violent terrorism, should be identified as spreading general violent videos, and incorporate the disseminated behavior of general violent information into public security management, in order to realize the connection with anti-terrorism administrative punishment. The crime governance of propaganda in network is by no means criminal attack of “electronic capture”, but trying to reduce the dark numbers of terrorism-related dissemination, and build multi-dimensional mechanisms such as public participation, the performance of platform responsibility, and administrative intervention. The disseminated behavior with no obvious terrorist intention and little infringement of legal interest should be decriminalized, in order to avoid the overreaction of criminal justice.