The Case Study Of The Crime Of Yuan Caiyan Fabricating Disseminating Terrorist Information

In recent years, the terrorist events bring many adverse effects to society, so people jittery and serious lack a sense of security to the social and public places, people are more sensitive to the terrorism information, even false terrorist information can cause people escape and order confusion in the public place. Although such behavior fictional horrible information is false, but the life of the people is endless upset, stable psychological was suddenly intrudes, no sense of security and no sense of happiness. On May27,2013, the Supreme People’s Procuratorate announced the third batch of guiding cases, which prove safety fabricated deliberately spreading false information on terrorist crimes, and emphases as for such criminal acts person increase in criminal punishment, and clarify the fabricated further, spreads false terrorist information deliberately which relate to laws applicable to criminal cases, including the case of Yuan Caiyan fabricating disseminating terrorist information. For the case of criminal, law scholars have identified different views. Controversial case against the charges and the number of identified problems caused by the crime, a preliminary discussion will be made in this paper. The study of the case is beneficial to distinguish the charge of extortion and fabricating terrorist information and provide help of accurate conviction and punishment for this type of criminal.This article was mainly discussed from the following five aspects:Part Ⅰ: Interviewing the case of Yuan Caiyan fabricating terrorist information basic facts. Firstly this section introduces the Yuan Caiyan fabricating terrorist information only case of the basic facts, the proceedings and the verdict, and a brief overview of the parties to the dispute in this case the focus on academics.Part Ⅱ: Mainly discuss about the pattern of crime number shape. In-depth analysis the behavior of this case is one crime or plural crimes and this case is belong to the implicated offence、imaginative joiner of offenders or legal items legal overlap of law and regulations criminal. Finally conclude that this case is a crime and belongs to one crime, this case is imaginative joiner of offenders not implicated offence and legal items legal overlap of law and regulations criminal.Part Ⅲ: In-depth analyses of the case which charges will be confirm. Related factors such as criminal convictions subjective case, Analysis and expounds from the different perspective of the relevant factors affecting the conviction to the case such as the motive for the crime, the object of criminal violations, criminal objective results. Finally conclude that the case should be identified as crime of racketeered offense.Part Ⅳ: The article points out that the case eventually convicted of fabricating terrorist information is not deficiency.Part Ⅴ: Combining with the relevant national legislation of the United States and Russia from the aspects of legislative Suggestions expresses my thoughts and suggestions on the case.