A Study On The Application Of Criminal Law In Fabricating And Disseminating False Information

Fabricated,deliberately spread false dangers,epidemic,disaster,police intelligence will bring harm to social order,through the information network to spread the behavior of these hazards will be multiplied.Fabricating and deliberately disseminating false information is a new offense of the Amendment to the Criminal Law of the People's Republic of China(IX),which has not yet been promulgated in judicial interpretation and there are many disputes in the application of justice.This article will proceed from the provisions of this crime and some relevant laws and regulations,combined with the theoretical review,and the use of comparative analysis of the relevant comparative study of the crime,so that the behavior of the crime object,behavior,etc.can be more clear and intuitive,With a view to the judicial practice can be more clearly applicable to the crime,the judicial application of the benefit.First of all,this article mainly evaluates the network falsification system of false information,and introduces the summary of the crime before the introduction of the Criminal Law Amendment(IX),and then analyzes the new crime.Secondly,it focuses on the analysis of the controversial issues in the elements of this crime.It mainly includes three major contents:First,the clarification of the object of this crime.This article mainly analyzes the provisions of "false" in the article and the recognition of these four cases.The article mainly refers to the false situation,the epidemic situation,the disaster situation and the police situation.Second,the determination of the type of crime.The behavior of this crime includes "fabricating" behavior and "intentional communication"behavior,but whether it is "fabricated" behavior or "intentional communication" behavior in judicial practice there is a certain controversy,this article will analyze these controversial issues.Third,the crime of "serious disruption of social order" to determine the standard.According to the principle of legally prescribed punishment for a specified crime,a conviction of a crime should be specific and clear,"serious disruption of social order" as the crime of crime standards,it should have specific provisions.However,because the social order is an abstract concept,as the criteria to determine its infringement is also inevitably abstract,this article will be identified on the standard.Finally,this article will examine this crime in a multidimensional manner and conduct multidimensional analysis of the crime and its related offenses to accurately define the crime and the offense.