The Criminal Law Regulation Of The Behavior Of Fabricating And Deliberately Disseminating False Information

At present,it is common to spread false information on the information platform.For this reason,the promulgation of Amendment 9th adds the provision of paragraph 2of 291,that is the crime of fabricating and intentionally spreading false information.For the crime of fabricating and disseminating four special situations,it is of great value to distinguish the boundary between disseminating information knowingly fabricated or fabricated and disseminating information subjectively mistaken for the truth.However,in practice,the demarcation of boundaries is very vague,and there is no unified view in the criminal law circle on the mode of fabrication and dissemination of behavior.Moreover,there are conflicts between the two interpretations and legal provisions of this crime,which leads to the situation that the conviction and conviction of this crime are at a loss.Therefore,I put forward some humble opinions to solve the above problems.The first chapter is an overview of the act of fabricating and disseminating false information.I summarize the characteristics of the act and elaborate the legal basis of accountability for fabrication and communication,and also elaborate the legal basis of accountability for fabrication and communication.From the social and legal attributes of the crime and the punishable nature of the punishment,I expound the reasons why the crime is regulated.The second chapter first discusses the current situation and shortcomings of the regulation of this crime from two perspectives of legislative rules and judicial regulation,and collates and analyses the relevant disputes.The chapter is a key point of the whole paper.Starting from introducing relevant controversial cases,I make a concrete analysis of the three modes of "fabrication and dissemination" and the disputes in the identification of fabrication and dissemination of false information in practice,and interpret how to distinguish between the crime and related confusing charges.From the historical evolution of our country's regulation of this crime,we find that there are contradictions between the legislative and judicial interpretation of this crime,which results in the dilemma of the application of this crime.Secondly,the chapter is myanalysis of the deficiencies of the criminal law in the process of regulating the fabrication and dissemination of false information.Finally,It explores the regulation of fabrication and dissemination of false information in the Criminal Law Amendment 9th,and finds out the shortcomings.The main shortcomings are as follows: the subject scope of this crime is too narrow;the definition of "intent" in intentional communication is inaccurate;the behavior mode of this crime needs to be improved;and the field of implementation behavior is too narrow.In the third chapter,I find that in the regulation of network false information crime in China,the focus is mostly on investigating the criminal responsibility of network users,while ignoring the criminal responsibility of the builders of Internet service user platform.Therefore,I put forward some suggestions that the joint crime of network service providers and network users should be included in the scope of adjustment of this crime.Based on the analysis of foreign legislation and Practice on regulating the fabrication and dissemination of false information crimes,I try to explore its reference significance for improving the relevant laws and theoretical research in China.The fourth chapter is a key point of the whole paper.I emphasize that the influence of the state's right to initiate penalties on the basic human rights of city citizens is extremely important.Therefore,the criminal law must not be arbitrarily expanded.In order to safeguard the basic human rights of the public market,we should always maintain modesty,restraint and self-control.Then,aiming at the shortcomings,I put forward the following suggestions: adding unit crime and joint crime;making up an independent crime;using information network and media to disseminate and so on.