Criminal Regulation Of False Information On The Epidemic Under Novel Coronavirus Pneumonia Situation

Network is a double-edged sword,which brings the convenience of message transmission and has huge security risks.The outbreak of novel coronavirus pneumonia in 2020 has affected every Chinese.The communist party of China and the Chinese people’s government have greatly controlled the spread of the epidemic and stabilized the the panic of the masses through the timely release of information and the effective transmission of information.But at the same time,the false information on the epidemic situation has spread all over the Internet,making it difficult to distinguish the true from the false.Because the spreading object of false epidemic information is the public,it is different from ordinary false information.Especially in the unusual period of novel coronavirus pneumonia,the spread of false information on the epidemic is terrible.Due to the severity of the epidemic,the spread of false information on the epidemic is easy to cause panic among the public and then have a chain reaction.It is often reported that the masses rush to purchase goods.Excessive material reserves not only lead to material waste and people’s property losses,but also lead to the disorder of the normal sale order of goods,endangering the normal order of society and even national security.Prior to2015,the criminal law has not specific charge against the crime of false information on the epidemic.It was not until the introduction of the Amendment(IX)to theCriminal Law of the People’s Republic of China that the specific charge against the crime of false information on the epidemic was adopted.However,the issue of criminal law amendment(ix)led to some controversial issues.The Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,and the Ministry of Justice issued the notice of the Opinions on Punishing Criminal and Illegal Activities that Hinder the Prevention and Control of Novel Coronavirus Pneumonia(hereinafter referred to as "opinions on punishing epidemic crimes").Although the opinion responds to the controversy about the abolition of the "the defiance and affray crime in cyberspace.",it raises new questions.How the law regulatesfalse information on the epidemic while protecting freedom of speech is the original intention of this article to investigate the crime of false information on the epidemic.This paper is divided into five parts.In the first part,the concept,classification,characteristics and social effects of false epidemic information are analyzed to comprehensively understand the false information on the epidemic.Only by fully understanding the connotation and extension of false information on the epidemic can we better regulate the crime.The second part is the focus of this paper,which mainly analyzes the regulation of false information on the epidemic from the perspective of "opinions on punishing epidemic crimes".Firstly,it tells the history of criminal law regulation of false information on the epidemic,and then analyzes the background of "opinions on punishing epidemic crimes".Secondly,it analyzes the criminal constitution of crime of false information on the epidemic according to article 6 of "opinions on punishing epidemic crimes" from four aspects: subject,subjective,object and objective.It mainly analyzes five charges: crime of making up or intentionally spreading false information;the crime of picking quarrels and provoking trouble;the crime of inciting others to split the state;the crime of inciting subversion of state power;the crime of refusing to perform the information network security management obligation.Finally,it analyzes the influence of "opinions on punishing epidemic crimes" on the current criminal law regulation of false information.The third part is to analyze the deficiencies of criminal regulations on false epidemic information in combination with cases.The fourth part is to make specific and perfect suggestions for the deficiencies of criminal regulations.The fifth part mainly proposes Suggestions on the law enforcement and judicial aspects of the regulation of falseinformation on the epidemic.Because the perfection of criminal law regulation not only depends on the perfection of legislation and judicial interpretation,but also on the perfection of law enforcement and judicature.