| In the network age,the cyber crimes is rampant day by day.In order to adapt to this change,the Criminal Law Amendment(9)has added many charges related to the cyber crimes,among which the new crime of fabricating and intentionally spreading false information has been widely concerned.The crime of fabricating and deliberately spreading false information effectively curbs the malicious dissemination of false information on media platform including Internet,but there are many difficult problems in the judicial application.Given this situation,this article,based on the theory and practical cases,aims to further analyze related problems and to provide some references for the judicial application of this crime.Cyber crime regulates spreading fabricated false dangerous situation,epidemic situation,disaster situation,police situation,which might cause panic on society.In real trial,we can use judicial presumption to determine the subjective intention of the actor and whether he knows the untruth of the information or not.Cyber crime differs from the crime of fraud inlegal interest,differs from the crime of provoking trouble in criminal motives,and differs from the crime of fabricating and deliberately spreading false and terrorist information in the scope of false information.Thus a clear distinction is made between those crimes.This crime can only be accomplished if it causes serious chaos in social order.The act of spreading false information is committing the crime.Preventing the occurrence of the crime result is criminal suspension.The type of accomplice of this crime is difficult to distinguish,and the unit should be added to the subject of the crime to combat the common crime of the majority more effectively.At the same time,when this crime appeared with other crimes,we should combine the motives,the behaviors and the relationship between them to determine whether a crime or a number of crimes should have been established. |
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