The Criminal Law Analysis On The Cases Of Chen Deliberately Propagating False Terrorist Information

In recent years, the criminal activities of deliberately propagating false terrorism information occur in various regions across our nation. Such criminal activities take many forms, which not only cause extreme panic in the public, but also exert great impact on the public regular production and life, and the order of the government as well as the companies. The Crime of Deliberately Propagating False Terrorism Information (hereinafter referred to as the Crime) is specially designed to punish the criminal activities. However, considering its diversified means and the information-oriented tools, the scope of application for this Crime is constantly enlarging. But due to the abstract character of the law, there still exists the problems such as the inconformity for the standard and the measurement of the conviction and sentencing. So the disagreement for this Crime appears between the fields of academy and the judiciary, which is also the reason why the author explore and analyze this Crime combing the cases.By analyzing three typical cases, this paper puts forward the existing problems for this Crime in the judicial practice, and also solves all the questions in dispute by means of literature analysis and competitive study, probing into the component of this Crime combing the cases according the law scholarship. And then the author further defines the affirmation of this Crime. Referring to the law provision in some foreign countries, the author aims to seek the solution of the related issued connecting with this Crime which serves for the enactment of Anti-Terrorism Act.This paper is divided into four parts, case introduction, theoretical analysis, the judicial affirmation, the solution suggested.Part Ⅰ:To analyze carefully the existing different problems by three typical cases, and come up with the disputed points.Part Ⅱ:The theoretical analysis is the key part of the paper. The author analyzes the component of this Crime, especially for the frequently encountered problem---the Affirmation of this Crime, including the Affirmation of the crime such as Fabrication, Deliberate Propagation and the Disturbance of the Social Oder, and also answers all the focuses in dispute by jurisprudence analysis according to the cases. Part Ⅲ:The judicial affirmation. In the judicial practice, some crime is similar to the Crime. For further clarification of this Crime, the author gives the clear definition between the other crime and this Crime by analyzing the three typical cases.Part Ⅳ:In view of the problems encountered in the process of judicial practice, the author points out the significance about this crime in our country by studying the related research in some foreign countries, and puts forward the suggestions to solve the shortcomings of the crime.