Criminal Regulation Research About Fabricating And Spreading False Information By The Information Network

With the Internet becoming one important part of people’s lives, fabricating or spreading false information by the information network has serious social harm, which often leads to serious disruption of social order and even leads to mass incidents. Convicting the abovementioned behavior as the crime of picking quarrels and provoking troubles will destroy the normalization and coordination of Criminal Law and damage citizens’ freedom of expression substantially. Fabricating or spreading false information by the information network should be ruled by Criminal Law in a right way urgently. Systematic researching the reason, the characteristics and the mode of spread of this phenomenon combined with the basic theory of criminal law can not only crack down on such behavior, to achieve the function of criminal law protecting legal interests, but also to adhere to the bottom line of the rule of law to protect freedom of speech, but also can Stick to the bottom line of citizen’s freedom of expression, achieve the freedom protection function.The thesis is composed of five parts.Chapter one is aimed to analysis and review the way of convicting the behavior that fabricating or spreading false information by the information network as the crime of picking quarrels and provoking troubles combing with the actual cases in reality. Fabricating or spreading false information by the information network is a new phenomenon of with the rise of the Internet, which has the advantages of low cost, wide range of transmission speed, strong interaction, the snowball effect, the network group polarization phenomenon, no ex ante regulation characteristics. These characteristics make the tight criminal legislation to open a gap. So to adjust the criminal law to regulate this kind of behavior better becomes necessary.Chapter two is the research and analysis of fabricating or spreading false information by the information network from the perspective of criminal policy, and then put forward new criminal policies to handle this behavior. Fabricating or spreading false information by the information network has a long history, from the historical development and the progress of human civilization’s point of view, this kind of behavior has its rationality, hoping to be eradicated by means of penalty deterrent is not only possible but not rational. The social science has researched the reasons, characteristics and the spread pattern of this phenomenon deeply. All the results of these studies will help us control this phenomenon in the technical level. The criminal policy deal with such behavior of the criminal policy can’t harm to the citizen’s right to freedom of expression, the criminal law should pay attention to technology, at the same time, pay attention to solve the problem from the aspect of system, and should abide by its modesty and rational response.Chapter three is the research about the object that the behavior that fabricating and spreading false information using the information network violated. The relevant judicial interpretation defined the object as “public order”, on the contrary the legislation draft a described it as “the social order”. Strictly speaking, “public order” and “social order” is not the same concept, but the criminal law of our country did not make a clear distinction in the use of the two. It can be concluded that using the information network to fabricate and disseminate false information destroy the social order. The social order cannot be understood as an abstract order, it refers to "the stable and peaceful state of public life”, only the destruction of the abovementioned state can be identified for the destruction of the social order. The image of state organs, social ethics do not belong to the category of social order. In particular, it should be emphasized the network space order is not the so-called order, does not belong to the social order and social order, it only refers to the realistic life order, but not including the order of virtual network.Chapter four is a wholly analysis combing of the cases that arose in practice about the relationship between false information and rumors, the essential characteristics of false information, the methods of identifying false information. So it can guide the judicial practice in the specific application. False information is that the information which has no basis, but has the specific, credibility and relevance characteristics. To identify the false information in practice, it has three standards. Firstly, it belongs to the facts of speech or view comments; Secondly, whether it has the possibility to destroy the social disorder; Finally, whether the information is baseless.Chapter five is the analysis of the subjective aspects of the crime. Malicious is not a standardized word in China’s criminal law, which is not compatible with “Constitution of crime” in China. Dissemination of false information has the feature spreading and soaring rapidly, which requires “Knowledge” must be “certainly know”, but not “probably know”, which may limit the rage of fighting crime and more effectively protect the citizen’s right to freedom of expression.