Study On Criminal Regulation Of False Information

In the Information Network Era,a large number of information impacts people,who can not know whether the information is true.People's Daily reported "Ten Network Rumor Cases that Have Serious Consequences in the Society in Recent Years " on April 16 th,2012.These cases were ultimately proved to be false in all or part of false,and brought serious harm to the society.There are more convenient channels to fabricate and spread the information in the Information Network Era.The false information is full of people's lives,and the false information with serious social harmfulness should be regulated.The Amendment(Nine)of the Criminal Law executes from November 1st,2015,which added up the Crime of fabricating and intentionally spreading false information;which was to solve the problem of taking the evidence difficultly of private prosecutor in the crime of defamation;which canceled the death penalty of the crime of spread rumors to confuse the people in wartime.These regulations reflect the attitude of the legislators to regulate the crime of false information to certain extent.Based on the revision of Criminal Law Amendment(9),this paper studies the problem of criminal regulation of false information.The article is divided into five sections.It is to define the connotation of false information and false information crime,to summary the situation of China's criminal law on the crime of false information,to discuss the judicial cognizance of the crime of false information,to think the defects of our criminal regulation on the crime of false information,to introduce the regulation of false information in foreign criminal law.All of this is in order to put forward the informed path to improve.The first part is an overview of the false information crime.Starting from the definition of false information,this article will analyze the characteristics,classification and reasons of false information,and defines the crime of false information.The second part analyzes the status quo of criminal regulation of the false information crime.On the background of Criminal Law Amendment(9)about the regulation of false information crime,this paper is to analyze the criminal law system of false information crime,to classify the behavior type of false information crime,and to summary the characteristics of constructive factors of the false information crime.The third part is about the judicial cognizance of the false information crime.This part analyzes the crime and non-crime of cognizance,this crime and that crime of the false information crime,and it also interprets the legal liability of the subjects of the false information crime.The fourth part is about the criminal regulation on false information abroad.Introducing the practice of regulating false information of the main Civil Law countries and Common Law countries and thinking about the regulation characteristics are for our country to learn from foreign experience to regulate the false information crime helpfully.The fifth part analyses the defects and the studies improvement paths of criminal regulation of the false information crime.In China,there are still some problems in legislation and judicial practice about the regulation of the false information crime.Therefore,China should be based on the reality of our country,learn from foreign experiences in the regulation of false information crime in the perspective of comparative law.The consideration about the criminal regulation on false information should be careful.