The Criminal Law Application Of The Network Fabricate And Spread False Information

In recent years, with the beginning of the network rumors cases as "Beijing Qin Huohuo", "Li Er Chai Si", the cases which through the network wantonly fabricate and spread false information to malicious speculation in an endless stream. The false information is full of the network world, not only infringes the rights of citizens, but also breaks the social and market order. In this context, the Supreme People’s court and the Supreme People’s Procuratorate in order to provide legal basis for the behavior of the network fabricate and spread false information, so in September 9, 2013, they promulgated the "Judicial Interpretation of the Use of the Internet to Conduct Libel Action". This judicial interpretation stipulation, fabricate false information, or knowingly the false information is fabricated, and spread on the network, resulting in serious disruption of public order, in accordance with the provisions of the crime of affray convicted and punished. This Judicial Interpretation provides a legal basis for the judiciary to combat the network fabricate and spread false information. However, it has caused controversy in the theoretical circle of criminal law, some scholars questioned the rationality and legitimacy of the interpretation. Therefore, in August 2015, the Standing Committee of the National People’s Congress pass the "Criminal Law Amendment(9)". This amendment provides for a new crime of fabricate false information of danger, disease, alarm, disaster and spread in the network or other media, or knowing the information is false, deliberately spread in network or other media, seriously disrupting social order. This paper will take the interpretation and criminal law amendment of specific provisions for starting point, combined with cases in the judicial practice, of fabrication and deliberate dissemination of false information and the crime of affray crime constitutive elements of crime of the in-depth analysis, and the network fabricating and spreading false information about the behavior of the concrete application of criminal law is put forward opinions and suggestions, in order to benefit the judicial practice.This paper is divided into three parts. The first part combining the related cases in judicial practice, on the type of network, spreading false information behavior and the characteristic has carried on the summary and the summary. To our country at the same time, spreading false information about network behavior of a system of the present situation and problems of legal regulation, the problems existing in the process of regulation system is analyzed. And fabricated by traditional media, compared to spread false information behavior, fabricated, spreading false information on the Internet has a wide spread, transmission speed, strong concealment, great negative impact, therefore, to network, spread false information behavior legal regulation is very necessary. However, from our network of legal regulation of the fabricated, spreading false information present situation, you can see that China’s current can be applied to network, spreading false information behavior of legal regulations and rules of mixed and dispersed, not according to the characteristics of the network illegal and criminal behavior of form a complete set, system network legal system, the network is not good for fabricating and spreading false information behavior.The second part mainly discusses the "criminal law amendment(9) of fabricating, deliberately spread false information in SINS is analyzed, the relevant provisions of the paper analyzes the component elements of crime, and has carried on the objective evaluation to the rule. The amendment specifically for fabricating and spreading false information on the Internet, a new deliberately spread false information crime regulation, however, can be seen through the analysis of its constitutive requirements, there are many regulations are not clear in this crime, such as "danger, plagues, disasters, alert", "other media", "seriously disturbing social order", etc. How can that be a lack of clear standards, this not only caused the charges shall be applicable to the specific certain difficulty, also can lead to the abuse of judicial practice. Therefore, in light of the related provisions of explanation is particularly urgent.The third part of the criminal law applicable principle of fabricating, spreading false information are summarized, and proposed to the network, spreading false information behavior better applicable criminal law three paths. Network transmission characteristics make up on the Internet, the necessity of spreading false information behavior has a regulation, but if we do not limit to all network, spreading false information behavior, can block the flow of Internet information, not only will infringe on their citizen’s freedom of speech, therefore, to network, spread false information behavior regulation range must also be limited. Therefore, fabricating, spreading false information in the network behavior in the process of the criminal law applicable, shall be cautious tolerance attitude, to make up, deliberately spread false information to apply for, to apply stir-up-trouble crime ruled out, to fabricate, terrorist deliberately spread false information to apply on the correction, to ensure the network violation of fabricating, spreading false information and to seek a balance between the protection of the citizens’ right to free speech.