| The crime of fabricated, deliberately dissemination of false terrorist information is an added charge of "Criminal Law Amendment(3)" in December 29, 2001. Since the implement of this law, this behavior has become one of the incidents with relatively high crime rate. In recent years, the popularity of the Internet makes the speed of information transformation reach a record high. It would only take one minute for a microblog to be forwarded thousands or even a million times. And as it is difficult to identify the truth with false on the network, it is more convenient for perpetrators to committee this crime. Thus, the behavior is more likely to make the citizens extreme panic, negatively influence the normal order of society, and harm the social stability. Therefore, it is necessary to severely struggle against this serious crime. But the relevant judicial interpretations of this crime are still rare and sometimes contradictive. The practice of this law remains confusing, especially about whether this law is a selected charge. In addition, with the development of society, there would be new means of this crime or other new issues while practicing this rule. And judges may have different understandings while hearing the similar cases. Therefore, this dissertation is based on the conclusions of the exist theories about criminal law, presents my own opinion for the is based on the conclusion of criminal law theory and the specific issues arising from judicial practice, make their own opinion, in order to make an effort for the construction of the rule of law in my country.The introduction introduces the concept of this crime, the value and significance of the research, the main research methods in our theory and practice. According to the compilation of the information, some insights are presented. This part also includes the structure, creativities and shortcomings of this article. In addition to introduction, the body of the article is divided into four parts:The first part is about the identification of false terrorist information. This thesis is about falsity and terror of information. The concept of false terrorist information is firstly discussed. False information is defined as information which is not consistent with the facts spread through language or text. And characteristics of the falsity are summarized so as to make a more in-depth exploration of the boundary of falsity. Also, the specific criterions are discussed. The criterion of judgments should be based on both objective and subjective criteria, which means that a piece of message could be assessed as a false one is based on whether people with the same type, including the perpetrator, could recognize the falsity of the information. For the terror part, the distinction between this crime and normal terrorist crimes is firstly discussed. Then scope of terrorist information is defined. The scope of terrorist information stipulated in this crime should be amplified. As long as the content of the information meets the certain degree of urgency and a certain terror level, it should be considered as terrorist information provided in this crime. Two criteria, that the threat in this information would occurred in a relatively short time and is related to personal safety and property safety of unspecified people, are used to judge whether it is terrorist information,.The second part introduces the identification and the criterion of judgment of this crime. The rationality about amplified interpretation of fabrication is firstly presented, thereby clarifying these two acts are elective elements of this crime. The behavior of fabrication includes not only the original intent of the word- the creative process from scratch, but also the process of informing a specific person. Both freedom of speech could be protected and the distinction between fabricate and spread could be clarified, due to the amplified interpretation of the concept of fabrication. In addition, in the certain scenario that the perpetrator fabricates terrorist information in order to extort, this offender only completes one act, because these two behaviors are coincident in natural state and in a part of elements of these two crimes speculated in law. The other half part discusses the social impact and the characteristics of the behavior of deliberately spreading, and problems that should be noted. Propagation behavior referred to herein refers to a type of group communication, which means that some social impact is required. The objects of propagation behavior are either non-specific person or many people. The "non-specific" refers to the number of uncertain, and "many people" refers to the number of people in three or more. In addition, if a piece of false terrorist information is created and then informed others, it should be assessed as deliberately spread, apart from the main part is modified,The third part is about the identification of serious disruption of social order. Firstly, it is required to explore the boundaries of the plot. To identify the two plots needs to combine the established judicial interpretations with the comprehensive and specific situation. Secondly, this crime is consistent with the principle of the theory of circumstance crime. As long as an act meets the "seriously disruption social order", it should be recognized as a crime. The plot is a part of the objective elements of this crime. Finally, based on the conclusion above, the real reason behind the punishment of the crime attempted is discussed. Because the social harm of this act of the crime does not meet the required degree of criminal law, and the legislature cannot spell out all the specific details of its manifestations, this crime attempted should not be penalized. |
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