On Legislative Flaws In And Perfection Of The Crime Of Fabrication And Deliberate Dissemination Of False Information

With the rapid development of China's economy in recent years,under the qualitative leap,bring us all aspects of life is.In some of the significant change is that our daily life added the element information network.There are always two sides to everything,in the information network give us convenient and entertainment at the same time,its negative effect also increasingly significant.Including the spread of false information in the information network platform.The spread of false information,severely disrupted the social order,violating citizen's personal rights and property rights.So the amendment to the criminal law of the People's Republic of China(9)"(hereinafter referred to as" the punishment to fix(9)")shall be made with regard to this phenomenon legislation adjustment.Namely the amendment added up,deliberately spread false information.The legislative purpose is in order to effectively deal with the current spread of false information on the information network.But this crime still exist many defects in the legislation,so this article to "make up,deliberately spread false information crime legislative defects and perfect" as a topic.In this paper,through the introduction of the background of set up this crime origin,concept,characteristics and legislative shortcomings,thus put forward the corresponding legislative improvement methods.Through a process that makes this crime play its biggest effect,maintaining the stability of social order and guarantee citizens' personal and property interests.This article is divided into five parts,about thirty-two thousand words.The first part,introduction.The first part introduces the "criminal repair(nine)" the background and significance of the establishment of this crime;followed by a brief summary of the progress of this crime,even if it is frequent and representative four specific categories of false information to criminal law,the crime of false information to focus on the increasingly frequent network space,so as to better safeguard our country's social order;and a brief analysis of the shortcomings of the crime,which is false information,narrow range setting behavior is unreasonable and penalty.Finally,through the legislative progress and deficiency,which leads to the topic of this paper.The second part is about the crime of fabricating and spreading false information intentionally.This part summarizes the characteristics of the legislative evolution of the crime,that is,"a change,the two expansion" of the comprehensive and in-depth development characteristics.Then it summarizes the four legislative characteristics of the crime,that is to say,the limits of the scope of the false information,the publicity of the legal interest,the two nature of the behavior and the universality of the behavior.The third part is the legislative interpretation of the crime of fabricating and spreading false information intentionally.This part is mainly through the analysis of the constitutive elements of the crime to the interpretation of the legislation.First of all,clear the object of the crime.That is,through the analysis of the social order and public order,the network order and the public order of the two groups of concepts,so that the object of the crime is "public order".Secondly,it clarifies the content of the crime.False information can be all false,can also be part of the false.In this crime,"knowing" includes both "should know" and "may know".The quality of this crime belongs to the category of specific harmful consequences ".The object of this crime is not only a special public,but also a specific natural person or legal person.Furthermore,the behavior pattern of the crime is analyzed.That is,the crime as a selective accusation,in front of the " fabricated and spread " is " fabricated and spread class ",while the latter " intentional communication " belongs to the category of " communication "".Finally,the results identify behavior.The result of this crime is two."Seriously disturbing social order" refers to "a stable and peaceful life" seriously disturb the public;"serious consequences" refers to the damage to the public the personal interests and property interests and the normal order.The fourth part is the legislative defects of fabricating and spreading false information.This section lists the five legislative defects of the crime.A "false information" range is set too small;second,the nature of the crime of this crime type is set to "specific consequences" is not reasonable;third,the four kind of "false information" and "false terrorist information" in the "epidemic" the content overlaps conflict;fourth,crime in the way of fabricating and disseminating "unreasonable punishment;fifth,the legal punishment of this crime in the low set,the lack of additional punishment.The fifth part,make up,deliberately spread false information crime legislation perfect.And that part of the five legislation perfect measures corresponding to the above,just discuss the five kinds of problems in the legislation.First,expand the scope of "false information".Is the scope of this crime is limited to four types of false information to the fabricate of danger,plagues,disasters,or damage to public institutions of credit and other disrupt social stability,cause psychological panic of false information to the general public.Second,the crime crime qualitative type changed to "specific law profit violation" and "specific harmful consequences".That is a suitable for the first leg in front and behind a suitable for the second leg.Thirdly,about the fabricating,used up,deliberately spread false epidemic spreading false terrorism information crime judicial interpretation should be abolished.And then replace to apply this crime,in order to play the role of this crime should have.Fourthly,the general behavior of this crime legislation "are not allowed to disseminate" changed to "make up";fifth,improve its principal punishments set,add supplementary punishments.That is to improve on the principal punishments,to enhance "under five years,criminal detention or public surveillance" and "five years and not more than ten years the two gears;on the supplementary punishment shall be added,namely" deprivation of political rights "in the first leg,increase the fine punishment in the second leg.