The Criminal Law Regulation On Crime Of Fabricating And Propagating False Information

In Full-media age, fabricating and propagating false information phenomenon occurs frequently, not only to individuals, public order even to government agencies and national image have caused very bad influence. In view of the serious harm, it will be necessary to control as criminal, and the use of penalty method. China’s criminal law has not yet set a special accusation to regulate all these offenses, but through several scattered charges. Therefore, this article from concepts of false information, fabricating and propagating false information, analyzes characteristics such acts constitute a crime, to tease out the existing criminal law offenses that to regulate crime of fabricating and propagating false information and its scope of application, as well as the problems exist in judicial applicable. According to these issues, compared to extra-regional countries’regulation, combined with China’s national conditions, put forward proposals to increase fabricating and propagating false information charges.The first part of the false information, fabricating and propagating false information about the concept as a starting point, pointing out in Full-media age, various social harm caused by false information, summed up the type of false information, as well as its characteristic of fabricating and propagating false information constitutes a crime.The second part includes two questions. The one is charge which to regulate crime of fabricating and propagating false information in china’s current criminal law and its scope, another is present problems in judicial practice. As "Nanfu Xiang published articles in overseas websites on suspicion of affray criminal detention" case for clues, analyzed China’s criminal law for regulating crime of fabricating and propagating false information exist some difficulties and shortcomings.The third part explains the necessity to add crime of fabricating and propagating false information from two perspectives, which are judicial practice requirements in full-media era and demand of criminal law functional to govern false information crime. And compared with the foreign countries criminal law, proved to add the crime has certain practical feasibility.The fourth proposed the imagine about adding the crime of fabricating and propagating false information based on the lack of regulating behavior of fabricating and propagating false information, including counts description, elements of crime, penalties set, and the relationship with other relational crimes.