Analyses Of The Crime Of Fabricate And Spread False Terrorist Information

I'm a police officer of Putuo Public Security Bureau. My task is to fight against various criminal activities; to maintain social order and stability; to safeguard peoples'happy life, and to ensure stability of the country. Through my work, I have a deep thought about the current legal system and judicial system in our country.In March, I participated in the investigation of a case about spreading terrorist information, which is said"Japanese nuclear air reaches Shanghai". A shanghainese, who is called"Leo"on the internet, spreaded this terrorist information. Then millions of people spreaded the news and created a panic on the internet. When the police received the report,"Leo"was brought to the local police station."Leo"said that after knowing the news about the leak of nuclear power station in Fukushima, he misunderstood and spreaded the news on the internet without confirming. At that time, considering"Leo's"action and it didn't cause serious consequences, according to the Article 25 of PRC Public Security Administration Punishment Law,"Leo"was fined 200 RMB. Although this case was not regarded as a crime of"fabricate, spread false terrorist information", we must focus on these two points. One is how to define"Seriously Disrupting Social Order"(The problem of defining crime or not); the other is how to define"Serious Consequences"(especially after the emergence of SNS website, Micro blog and Network interaction) .At first, the crime of"fabricate, spread false terrorist information", as a new crime, was to fight against terrorist activities. But today it is widely used in disrupting social order. Because the Law deviated from the original purpose of the establishment, Academia and the judiciary have a lot of differences in defining the crime. They cause so many problems in judicial practice. And they also inspire my enthusiasm on the research and explore the legal recognition of this crime and justice in the application. That is the reason why I write this paper.This paper consists of four parts, totally in more than 28,000 words.Part One: Outline of the crime called"fabricate, spread false terrorist information". This part first introduces the concept and legislative history of the crime called"fabricate, spread false terrorist information". Secondly, it analyzes the relationship between this crime and terrorist activities crime. Thirdly, it introduces the practical significance of fighting against terrorist.Part Two: Elements and classification of the crime called"fabricate, spread false terrorist information". This part first discuss the elements of the crime from object, objective terms, subject, and subjective terms and describes the definition of"Seriously disrupt social order"and"causing serious consequences". Secondly, it classifies the crime from the cause and way. This section is mainly paved the way for exploration in judicial application and Legistive improvement in the latter paper.Part Three: Judicial application of the crime called"fabricate, spread false terrorist information". This part first analyzes three problems exist in the judicial application of the crime. They are"expanding the scope of the crime","unknown distinction between one crime and crimes","difference between accomplished and attempted crime". Secondly, it discusses the problem of the crime or not. (including the relationship between the Article 25 of Security Management Punishment Law and freedom of speech in the Constitution). Thirdly, it analyzes the relationship between"Crime of spreading false dangerous substances","Crimes of fabricating and spreading false information securities and futures","Crimes of disturbing the social order"and"Crimes of knock for extortion". Fourthly, it discusses the definition of judicial determination in"Shanghai Views"enacted in 2011.Part Four: Advice on the improvement of the legislation of the crime called"fabricate, spread false terrorist information". Firstly, it introduces the legislative achievements and experience of the crime all over the world. Secondly, on the basis of the research and explore on this crime, I have some useful ideas on the improvement of the law.