On The Crime Of Fabrication And Deliberate Dissemination Of False Information

In recent years,a large number of criminal cases have occurred in the form of fabricating and intentionally disseminating false information through the network in China,which seriously damaged the order of cyberspace,and infringed the legitimate rights and interests of network citizens.For the purposes of purifying the network atmosphere,and punishing false network information crime,the highest judicial authorities have issued two judicial interpretation of the network," Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Defamation and Other Offences Committed through Information Networks" and " Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Laws to Hearing the Criminal Cases Regarding Fabricating and Intentionally Disseminating False Terrorist Information",which have brought the criminal activities of fabricating and intentionally disseminating false information into the scope of fabricating and intentionally disseminating false terrorist information crime and the crime of provocation.The expansion of the interpretation challenge the principle of legality and its rationality is questioned,though it has combated false network information crime to a certain extent.Therefore,Article 32 of The Amendment IX to the Criminal Law of the People's Republic of China,Adopted by the Session of the Standing Committee of National People's Congress of the People's Republic of China on 29 August 2015(Paragraph 2 of Article 291 of the Amended Criminal Law),has added the Crime of Fabrication and Deliberate Dissemination of False Information,which makes the conviction and sentencing of false network information crime has a more clear legal basis,and gets rid of the dilemma of the judicial interpretation of legislation.At the same time,with the rapid development of the Internet,the cyberspace is becoming more and more mature,and the social structure shows great changes with the reality society and the network society double structure.In this new type of social structure,different understanding of the Crime of Fabrication and Deliberate Dissemination of False Information shall be made different from the previous fabricating and intentionally disseminating false terrorist information crime.This article will take the legislative background as the breakthrough point,analyze the elements of this crime,elaborate the impact of the establishment of this crime on the existing judicial interpretation and put forward legislative proposals,with a view to contribute our own effort to China's criminal law theory and judicial practice.In addition to the introduction and conclusion,the text is divided into three chapters.Chapter 1 analyzes the summary of this crime.containing that introduces the legislative evolution of this crime,analyzes the relevant legislation and judicial interpretation of fabricating and disseminating false network information before the establishment of this crime,and analyzes the legislative characteristics of the crime as a new type of crime which is different from the traditional false information crime and explore the influence of the establishment of this crime on the existing judicial interpretation,theoretically proving that the relevant existing judicial interpretation shall also make corresponding changes.Chapter 2analyzes the objective aspect of this crime,mainly to discuss the understanding of " fabricating " and " disseminating ",the understanding of "false information",the understanding of "information network" and other media,the understanding of "serious disruption of social order" and so on.Chapter 3analyzes the subjective aspect of this crime.mainly to explore whether the crime is purpose crime,the attitude of " knowing ",the subjective attitude of the outcome of the harm,the subjective aspect of point to point disseminating,the subjective attitudeof the network service provider and so on.