Research On The Crime Of Fabricating And Disseminating False Information In The Criminal Law Of China

Human beings have entered the information age,and the mechanism of information production and dissemination has changed greatly.Fabricating and disseminating false information crimes with the help of information network is increasingly high,seriously affecting social stability and disrupting social order.<The Criminal Law Amendment(nine)>adds the crime of fabricating and intentionally disseminating false information,and together with the crime of fabricating and disseminating false information in securities and futures transactions,the crime of fabricating and intentionally disseminating false terrorist information,which together constitute the criminal norm system of fabricating and disseminating false information crimes.These three kinds of crimes are very similar in the expression of crimes,but each has its own characteristics.Although the study of individual crime can dig out the deep connotation of crime in detail,the horizontal comparative analysis can better distinguish the boundary between crime and crime,systematically discover the deficiencies of crime and improve it to promote criminal law,so as to promote the coordinated development of criminal law system.The discrimination between false information and rumors is the premise of studying the crime of fabricating false information.The core of rumor is "unproven" and "false",and the core of false information is "false".Therefore,the author adopts the view that rumor has more extension than false information.In judging "false information",it is necessary to grasp the two basic characteristics of false and misleading,pay attention to distinguish between factual information and evaluative information,and filter out factual information which is not infringement of legal interests,which is consistent with objective facts.The connotation of "fabrication" includes not only the creation of nothing,but also the distortion of the true information.The core of "dissemination" is extensive dissemination.so the dissemination of the audience must be unspecified or majority,and the dissemination of false information to a specific minority cannot be considered as dissemination.For the punishment of fabrication,it can be disseminated for the purpose of restricting the fabrication behavior,and all the fabrication behaviors not for the purpose of communication are excluded from the scope of the criminal law.The crime of fabricating and disseminating false information in securities and futures trading is a consequential crime,and it is necessary to focus on the elements of "disturbing the securities and futures trading markets,causing serious consequences.,"The other two crimes are plot crimes,which need to possess the result elements of "seriously disturbing social order" to constitute crimes.Social order is the public life rules that people should abide by together in social life and the normal operation of the society they maintain.Psychological order and network order do not belong to the category of social order.The judgment of seriously disturbing social order needs to consider the particularity of cyberspace crossing into real space.It also needs to consider the normal work,production,life and scientific research,teaching order and disposal situation,etc.in light of specific cases.In Article 5,paragraph 2,of the<Judicial Interpretation of Internet Defamation>in 2013,the act of fabricating,disseminating,organizing,disseminating,and nuisance on the Internet was stipulated as a crime of suspicion,which caused great controversy in the academic circle.The relationship between the crime of provoking disturbances and the crime of fabricating and intentionally disseminating false information has also become the focus of research.There are serious deficiencies in the criminal suspicion and the legitimacy of legislation.There are many loopholes in the academic theory are difficult to explain.There are also many confusions in judicial practice.Therefore,it is recommended to abolish the crime of the crime of cyber provocation,and to regulate the crime of cyber false information by criminal legislation.The crime of fabricating and disseminating false information has such problems in itself.Through the horizontal comparison between the crime and the crime,we can find that the system and coordination between the crimes are insufficient,the regulation scope of the individual crime is overlapping,the penalty allocation is not coordinated,and criminal objects and behaviors are not uniform.If these problems are perfected by introducing more judicial interpretations,the criminal law system will be more fragmented,so it is better to improve the legislation.