ISSN 1008-2204
CN 11-3979/C

社交网络的宣扬恐怖主义犯罪及治理

Crime and Governance of Terrorism Propaganda in Social Network

  • 摘要: 根据对公开的裁判文书统计,超七成的暴恐宣扬表现为向微信群或好友的一键发布或转发。部分网民难以分辨视频的暴恐性质,但至少知晓属于一般的暴力视频。由于宣扬行为的构罪以暴恐内容的明知为要件,一些司法裁判往往基于客观的传播后果推定主观明知,导致犯罪圈的不当扩张及刑罚适用的错位。对无法确证暴恐明知的宣扬应认定为散布一般的暴力视频,并将一般暴虐信息的传播行为纳入治安管理,与反恐行政惩处实现衔接。网络宣扬的犯罪治理绝非“电子抓拍”式的刑事打击,而是设法减少涉恐传播的暗数,构建公众参与、平台履责、行政干预等多元并举的立体机制。对涉恐意图不明显、法益侵害不大的发布行为应予出罪,避免刑事司法的过度反应。

     

    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.

     

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