False Information Specific Path Analysis Of Criminal Law Regulation

Traditional criminal law can not effectively regulate the serious social harmfulness of false information. The Supreme People’s Court and the Supreme People’s Procuratorate issued an explanation about using the defiance and affray crime to regulate the false information which has aroused controversy. That means false information of criminal law regulation encountered difficulties, and only to solve these difficulties can better play the role of the criminal law. Now, taking the carding of this dilemma, and based on this, trying to advance some humble opinion.The first chapter mainly discuss criminal law status of false information. It is necessary to clear the connotation and the characteristics of false information before elaborating the current criminal law regulation of false information. Through the introduce of the current situation of the development of false information, not only can find its harm, but also can laid the cornerstone of criminal law regulation of false information. In addition, through the introduction of the legislation present situation of false information, it is necessary for the criminal law regulation of false information and there exists the problem of insufficient regulation. At the same time, this chapter also analyzes the behaviour of the crime of false information.The second chapter expounds the legal basis, principle and line requirement of false information of criminal law regulation. First of all, the basis principle include law profit violated, criminal illegality and culpable of punishment. Second, false information of criminal law regulation should follow the principle of responsibility for criminal suit, the principle of subject and object consistent, and the modesty principle. Finally, false information of criminal law regulation also need clear boundaries, include following the requirement of the principle of legality, the guarantee of free speech right, and the harm of false information.The third chapter parses the concrete application of existing false information of criminal law regulation, this is the key part of the article. First of all, unscrambling the article 5 of the interpretation, finding the rationality of using the defiance and affray crime to regulate the false information, and mainly from the five aspects to carry on the argument: two public places in explanation should be quoted in different interpretation. The first public place means the order of significance, can cover the virtual space, while the second only refers to the public in real society. Public order serious confusion means causing confusion in the real social public order, and the computer crime can destruct the network space, and the substitution of public order for the order of public places is inappropriate. At the same time, expound the bad and public order seriousness of chaotic standards. Secondly, the interpretation has its deficiency, can hard to dealing with false information, also needs necessary amendments. Among them, revising the original charges and adding new charges are the response to explanation. The new accusation of the Criminal Law Amendment(Ninth) Bill stand on the position of adding new charges. But the new charges also needs necessary amendments, and need to deal with the relationship between crime and sin.