Research On The Cognizance Of The Nature Of Criminal Law Of Fabricating And Disseminating False Information

The practice of fabricating and disseminating false information represented by online rumors has been rampant in recent years.Even though criminal law has established a comprehensive system of accusations to regulate false speech acts,it is easy to misjudge the nature of acts because of the ambiguity of norms and the differences in the quality of judicial personnel.The situation,in turn,affects the judgment of the method of fabricating and disseminating the responsibility of the false information.In view of this,a survey of the status quo of the identification of the nature of criminal law of fabrication and dissemination of false information will reveal its shortcomings and find ways to improve it.It not only has the theoretical significance of clarifying the criminal law boundary of freedom of speech,clarifying the internal relationship between criminal liability and non-criminal liability,perfecting the application of norms,but also has the practical significance of standardizing the operation of judicial determination and impartiality of judicial discretion.In addition to the introduction and conclusion,this paper is divided into four parts,about 50,000 words,the specific content is summarized as follows:The first part is the basic overview of fabricating and disseminating false information.Firstly,this part defines the concept of "false information",which refers to "information that does not conform to the facts without factual basis",and classifies the types of false information according to the victim,information content and information diffusion space.Subsequently,the legal norms governing the fabrication and dissemination of false information are sorted out.At present,compared with non-criminal legal norms,criminal law and judicial interpretation of criminal law bear the main role of legal regulation,but there are also drawbacks such as abstract norms,vague qualitative standards and so on.The second part is the investigation of the status quo of the identification of the criminal law nature of the act of fabricating and disseminating false information.In order to comprehensively and thoroughly investigate the status quo of the identification of the nature of criminal law,we can know by analyzing the selected judicial documents which constitute criminal offences and the cases of fabrication and dissemination of false information which constitute general violations of the law: when the act of fabricating and disseminating false information constitutes a civil tort or an administrative violation,reputation tort takes "unproven" unproven speech" as the main basis for judging the falsity of speech,and reduces social evaluation as the consequence of tort.Administrative illegality is also based on the fact that "speech is not confirmed" as the main basis for judging the fraudulence of speech.However,the standard for determining disruptive order-type false speech is lower than that of defamatory speech,and the consequences of violation are based on the fact of disrupting public order and existence of defamation.As for criminal characterization,it should be carried out according to the normative elements of each crime.The conviction standards of "defamation crime","provoking trouble crime","fabrication and intentional dissemination of false information crime" are all based on the relevant provisions of "Internet Defamation Interpretation".The third part is about the practical problems of the identification of the criminal law nature of the act of fabricating and disseminating false information.This part is mainly based on the investigation of the status quo of judicial cognizance to reveal the shortcomings and explore the causes.At present,the prominent practical problems lie in the following three aspects: the vague boundary of the criminal law of freedom of speech leads to the misidentification of responsibility,the confusion of criminal law provisions and interpretations leads to the imbalance of criminal legal norms,defects in individual crime legislation lead to difficulties in comparing norms with facts.There is an urgent need to find the right way to deal with the problem.The fourth part is the normative path to determine the criminal law nature of the act of fabricating and disseminating false information.In judicial determination,we should judge the criminal illegality of speech according to the inherent attributes of speech and clarify the boundaries between criminal speech and illegal speech under the guidance of the principle of proportionality.Subsequently,in the case of judging the real danger of false information,according to the rules of physical damage,scientific evaluation and accountability,the act of fabricating and disseminating false information is criminalized.In the application of criminal norms,we should abide by the basic principles of judicial interpretation in order to avoid the anomie situation of judicial interpretation application.As for the applicable level of charges,the conviction standard of the crime of fabricating,intentionally spreading false information and provoking trouble should be introduced into the double-level conviction standard,and the "credibility of speech" should be introduced to evaluate the damage of the network order;as for the damage of the real order,it can be determined according to the factors such as personal casualties,public order damage and so on.The correct application of the crime of fabricating and intentionally disseminating false information should be based on the accurate definition of the type and objective behavior of false information.The correct application of the offence of provoking trouble should be based on the division of the regulation scope of false information and the accurate identification of "rioting".