Punishment basis for hurting national feelings

According to Article 249 of the Criminal Law of People's Republic of China (PRC), whoever incites ethnic hatred or ethnic discrimination, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Composition:

First, the subject of crime

The act of inciting national hatred and discrimination is incitement. Incitement here refers to the public use of language, words, pictures or other methods to arouse or produce racial hatred and discrimination.

Object The object of the crime of inciting national hatred and discrimination is national hatred and discrimination. Ethnic hatred here refers to the mutual hostility and hatred among ethnic groups based on differences in ethnic origin, history and customs. Ethnic discrimination refers to the phenomenon that people's social status and legal status are divided according to ethnic composition, and the basic rights of ethnic groups are restricted and violated.

Second, guilt

The form of responsibility for the crime of inciting ethnic hatred and ethnic discrimination is intentional. Intention here refers to the subjective psychological state that is deliberately implemented knowing that it is an act of inciting ethnic hatred and ethnic discrimination.

The third is the amount of crime.

The important element of the crime of inciting ethnic hatred and ethnic discrimination is that the circumstances are serious. If the circumstances here are serious, it means inciting by insults, rumors and other means; Inciting for many times and still refusing to change after repeated education; Cause serious consequences or adverse effects, etc.

What is the crime of hurting national feelings needs to be analyzed according to the specific situation.

1, hurting national feelings may constitute the crime of provoking trouble according to the seriousness of the case.

(1) If the act that hurts national feelings is minor and not serious enough for criminal punishment, it may violate the regulations on administrative penalties for public security and be detained, fined or given a warning.

(2) Disrupting public order, subjectively having the motive of seeking trouble, objectively destroying social order, and if the circumstances are serious, it may violate the criminal law and bear criminal responsibility.

2. The act of inciting ethnic hatred and ethnic discrimination with serious circumstances constitutes the crime of inciting ethnic hatred and ethnic discrimination.

3. State functionaries interfere, destroy or force ethnic minorities to change their customs and habits by coercive means, and serious acts constitute the crime of illegally depriving citizens of their freedom of religious belief; Crime of violating the customs and habits of ethnic minorities.

4. Whoever incites ethnic hatred or discrimination and publishes ethnic discrimination or ethnic insults in publications or computer information networks shall be detained for more than 10 days and less than 15 days, and may be fined less than 1,000 yuan.

Characteristics of the crime of inciting ethnic hatred and ethnic discrimination;

First, the object of this crime is the party's ethnic policy and religious policy, which undermines national unity and national unity;

Second, the objective manifestation of this crime is:

1, violating the party's ethnic and religious policies;

2. Inciting ethnic and religious discrimination and hatred;

3. Serious behavior.

Racial discrimination refers to the unequal views and attitudes of one nation towards another.

National hatred is a national emotion and psychology that a nation has strong dissatisfaction and hatred for other nationalities because of ethnic discrimination and ethnic contradictions.

Religious discrimination refers to an unequal religious view and attitude, generally referring to the unequal views and attitudes of different beliefs, the same belief and different sects.

Religious hatred refers to the strong dissatisfaction and hatred between different religions and between different sects of the same religion.

Three, the subject of this crime is the general subject, that is, China citizens, foreign citizens and stateless citizens who have reached the age of 16 and have the ability of criminal responsibility.

Four, this crime is intentional in the subjective aspect of the crime, and the ethnic and religious contradictions caused by negligence do not constitute this crime.

The Criminal Law stipulates the crime of inciting ethnic hatred and ethnic discrimination:

1. shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, or deprived of political rights;

Two, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

The constituent elements of the crime of inciting ethnic hatred and ethnic discrimination are:

1, objective elements, the object of this crime is national equality. China is a unified multi-ethnic country created by people of all ethnic groups. All ethnic groups in China are equal. Ethnic equality is the embodiment of constitutional equality principle in ethnic policy.

2, objective elements, this crime is objectively manifested as inciting ethnic hatred and serious ethnic discrimination.

3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can constitute this crime.

4. Subjective factors. Subjectively, this crime is intentional and aims to arouse national hatred and discrimination.

Elements of the crime of publishing works that discriminate against and insult ethnic minorities;

1, the object elements, the object of this crime, like the crime of inciting ethnic discrimination and ethnic hatred, is ethnic equality.

2. objective factors. Objectively, this crime is manifested in the act of discriminating and insulting ethnic minorities in publications, which is vile and causes serious consequences.

3. Main components. The main component of this crime is the person directly responsible for the publication.

4. Subjective factors. The subjective aspect of this crime is intentional.

Legal basis:

Criminal law of the people's Republic of China

Article 249 Whoever incites national hatred or discrimination, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 250 If a publication discriminates against or insults ethnic minorities, and the circumstances are vile, resulting in serious consequences, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

Beating others at will, and the circumstances are bad;

(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;

(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;

(4) making troubles in public places, causing serious disorder in public places.

Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

Public security administration punishment law

Article 47 Whoever incites ethnic hatred or discrimination, or publishes ethnic discrimination or ethnic insults in publications or computer information networks, shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.