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On False Information About Crime In The Criminal Law

Posted on:2012-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:S H LiFull Text:PDF
GTID:2216330338499029Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of social information, information become an important content of social resources what people get, form and carrier of information (network, SMS, etc) tend to diversification and technology.However, false information also filled every corner of people's lives, Making information environment which should be true become cloudy, people are under the tired of false information. In the current, people are also suffering the harm of false information, Some people who have inclement intention make use of false information to engage in illegal crime activity, this kind of situation is getting worse, harming social stability and people's property rights seriously. False information crime as a new type of crime which has had a more comprehensive regulation in our criminal law. But, there are some knotty problems in legislative regulation details and judicial application practice, those problems need further comb and discussed.The author aims to find and asking questions in order to put forward rational suggestions for combat false information crime,Hope for making contribution to the development of China's economic and social which can be healthy,smoothly,quickly and well's. This paper based on the current legislative regulations and havingh existed research results,and use those as the starting point, taking the idea of empirical analysis, comparative analysis and logic analysis, using the method of theories with practice and the concrete analysis, for discussing the content of the thesis basis on different categories, the of false information from crime and actuality, acknowledgment and applicable knotty problems and perfect etc. Three were discussed.This paper discuss false information's crime from three aspects which are definition and status, recognition and applicable of the knotty problemes , perfect. This paper consists of three parts, more than 40,000 words altogether .The first part of this paper mainly introduces the concept, status and situation of false information crime. False information crime which as a social phenomenon has specific connotation and characteristics under the perspective in criminal law. By summing up and combing the criminal law legislation and theoretical research of false information crime, may be find out the existence deficiency in order to improve.In the second part of this article, the main issues to be discussed are the difficulty about identification and application of some specific crime in the false information.Mainly inquiry the difficulties such as the elements of constitute crime , complete form, number of the crime of the specific charges criminal in the false information crime, In order to provide theoretical basis for Cognizance crime. Meanwhile, combed and discussed the difficult problem of common crime and sentencing applicable which exist in the judicial practice of false information crime, in order to provide a useful exploration for judicial practice.In the third part of this paper, mainly puts forward to concrete suggestions on improving the current our country false information crime regulation. On the one hand, the author puts forward some suggestions to improve our legislation in false information where the law applicable. On the other hand, the author puts forward some improving measures of suggestions in the prevention and control of false information crime.
Keywords/Search Tags:False information, Crime, Identify, Apply, Consummate
PDF Full Text Request
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