The Reply Of The Criminal Law About The Fabrication, Deliberate Dissemination Of False Terrorist Information Behavior

With the rapid development of information technology and the advent of the informationage, fabrication, deliberate dissemination of false terrorist information cases emerge in anendless stream, and article291of the criminal law is not one of too much ink, parts of thejudiciary in handling such cases often encountered "that difficult", conviction and sentencingstandards and scale is not uniform and other issues, in a certain influence on the effectivepunishment to such crimes. To punish the fabrication, deliberate dissemination of falseterrorist information crime, maintaining social order, protecting people’s life and propertysafety,2013the Supreme People’s Procuratorate and the Supreme People’s court has releasedthrough the guiding case and the judicial interpretation of the way, make further regulationand interpretation. Although the provisions and judicial interpretation is more and more clearand detailed, but there is still controversy and problems in the process of actual application,problems like the crackdown isn’t strong, blow too wide a range, the judicial effect also exists.On this basis, the paper by analyzing the recent years of63on the fabrication, deliberatedissemination of false terrorist information case, through empirical analysis, in order toprovide reference materials useful for judicial practice and legislation department.In addition the introduction and conclusion divided into4parts, more than22000words.The first part, the judicial process of fabrication, deliberate dissemination of falseterrorist information. From the scope the charges applicable condition comparing this crime tofurther expand. In the process of penalty measurement conditions, through the study foundthat the penalty generally take a year in prison, punishment lighter. Investigation on the effectof penalty, the light combat is not enough to play a deterrent and preventive role, this kind ofcrime is still frequent.The second part, the judicial process characteristic of fabrication, deliberatedissemination of false terrorist information. First, the standard is not a lot of cases, similarity,social harm is similar, but the verdict is not the same. Second, attack range is too big, a seriesof judicial interpretations, category will be major epidemic, spreading false earthquake newsinto false terrorist information. Third, the crackdown is not enough, the crime to most of thefabrication, deliberate dissemination of false terrorist information have a lighter punishmentor administrative penalties due to not enough to deter criminals, effective. Fourth, the resultsare poor, in the propaganda and education, deterrence and prevention did not play a good role to reduce the occurrence of this kind of crime.The third part, the judicial determination of difficult problems of fabrication, deliberatedissemination of false terrorist information. The false terrorist information identification, therelationship between fabrication, deliberate dissemination and the two, the three boundarybetween crime and penalty and cohesion and the administrative law section. First, in theprocess of recognition of false terrorist information, mainly from the concept of terroristinformation, standard false, the theories and practice of contending aspects. Second, therelationship between fabrication, deliberate dissemination and two, from the construction,communication behavior and the recognition of intention, make up and spread of the choice todiscuss. Third, in the boundary between crime and punishment and cohesion andadministrative method, convergence focuses on the boundaries, crime and non crime ofcriminal law, criminal law and administrative law initiative standard of these aspects.The fourth part, the judicial countermeasures fabrication, deliberate dissemination offalse terrorist information. Mainly discussed from four aspects. One is the careful selection ofapplication of criminal law, pay attention to coordinate the relationship between criminal lawand administrative law, criminal law and avoid excessive affix criminal label. Two is the fulldisplay of the purpose of penalty, manifests the penalty prevention purposes, using individualand pay attention to the education punishment punishment. The three is a moderate increaseblow strength, to constitute a crime, the social harmfulness behavior of subjective vicious big,should be appropriate to increase the strength of. The four is to pay attention to the judicialactual effect, the timely disclosure of cases and treatment results, strengthen the judicialeducation, pay attention to unity of legal effect and social effect.