On The Judicial Application And Legislative Perfection Of The Crime Of Fabricating And Spreading False Information

In recent years,the popularity and development of information network have profoundly affected and shaped a new civilization,the information network has permeated into politics,economy,and people's daily life.Relying on the development of the information network,another space in parallel with the reality of space-cyberspace has been gradually established,presenting a more and more abundant,more and more three-dimensional characteristic,because the social life has been transferred to this space tremendously,for example,more and more face to face transactions have been replaced by the more convenient and efficient online transaction method through the social platform such as microblogging,We Chat and so on,which thrive along with the development of information network,greatly facilitating the exchange and share of information,the public can judge and make individual comments on all the topics ranging from the politics,economy to the trifle in our daily life.This provides a feasibility for the public to supervise the authorities,but it also inevitably arouse many problems,such as the abuse of the powerful tool for the purpose of fraud,and the seeking of excitement.The dissemination of the fabricated and false information through the information network will inevitably disturb the normal social and public order.For example,shortly after the Wenchuan earthquake in 2008,a hacker logged into the Seismological Bureau website home page illegally and announced the fabricated news with the title of " X-class earthquake will happen in Xi'an " in its news section,resulting in a serious panic among the people of Xi'an,the normal socio-economy and social order have been seriously affected.Perhaps from personal point of view,they recognize such behavior as an indecent joke without realizing the fact that such joke has infringed the protection of the legal interests-social public order according to the criminal law.In addition,some people deliberately report the false alert,exaggerate and distort some public events,or fabricated the false events to draw attention from the public or watch the fun.These behaviors,take place from time to time,with serious social harm and legal harm,and have been gradually incorporated into the scope of criminal law.However,due to the dynamic nature of social development and the stability of legislation,such new forms of crime is difficult to qualify according to traditional criminal law.Prior to the formal enactment of the Criminal Law Amendment(Nine)in 2015,such offenses were mostly characterized by the most similar offenses,such as libel and provocation,but were strongly questioned by academics and the public.Weather it is against the principle of legality and punishment for criminal law.Is there any suspicion of analogy? These discussion and suspicion disappear after the issue of the "Criminal Law Amendment(9)",which added a new item "the crime of fabricated,deliberately spread of false information" in article 291,but new problems arise.Is there any suspicion of the over-crime.There is a clear definition of the genre and specific behavior of the crime of false information.We cannot deny that this is a new type of "self-improvement" in dealing with the new type of crime concerning the traditional criminal law.but this "self-improvement" is still subject to judicial practice test.Based on the above background,this article intends to analyze and interpret this new offense through four chapters.The first chapter is to compose and disseminate false information crime,including the dangers of false information crime and the characteristics of crime,fabricating and deliberately spreading false information.The second chapter is the identification of the elements of this new offense,will analyze(a)how to understand the subjective aspects of the crime;The third chapter is the identification of the form of the crime of fabricating and deliberately spreading false information,including the cognizance of the accomplice and the identification of the number of crimes,which will be analyzed and interpreted on the basis of the specific case appearing in judicial practice.The fourth chapter is the dilemma and legislative perfection of fabricating and deliberately disseminating the false information crime.On the basis of the analysis of the previous parts,the author points out the problem of the crime in the judicial practice,and analyzes the foreign criminal law in regulating the false information crime The legislative practice,put forward the feasibility of China's national conditions and judicial practice recommendations,through legislative and judicial channels to harmonize the standard of crime,clearly define the elements of the composition of the crime,and reasonably determine the scope of regulation,so that the application of this charge truly represent fairness and justice,follow the law of legality,balance the criminal law to protect the legal interests are not infringed and the freedom of speech within citizens.