Comparative Study On Objective Aspects Of Crime Of Fabricating And Disseminating False Information

The advent of the Internet era,means that the human society has entered the information society from industrial society.In such an era of information explosion,the network and new media become the people's access to information is the most important channels,making people's communication and information exchange more convenient,whether domestic or international information,people can easily however,the new media network access.For convenience,but also the "passive" become the "heart" of criminals to spread rumors of the weapon.With the new mode of transmission,spread wide and reached a speed in traditional society can not match the degree of the damage to should not be underestimated.Network behavior and other media dissemination of false information by law is increasingly rampant,increase the punishment <Criminal Law Amendment(nine)> is further added to fabricate and deliberately Dissemination of false information crime.Self made,after deliberately spreading false information and set up the crime,China's current criminal law on the special rules of rumors,transfer rumors behavior charges a total of three,respectively,to fabricate and disseminate false information of securities,futures crime,fabricated deliberately spreading false terrorist information crime and fabricated deliberately spreading false information crime,constitute a basic criminal crime spread false information fabricated standard system.According to the specific provisions of criminal law,though these three crimes are very similar in objective aspects,but there are also some differences,therefore the objective aspects of these three countstogether with a comparative study lack of system,the existence of limits and to distinguish this crime and other crime among them.This paper is divided into three parts: the first part is the overview of fabricating and spreading false information behavior,mainly discusses the fabricating and disseminating false information of securities,futures crime,fabricated deliberately spreading false terrorist information crime and fabricated deliberately spreading false information crime three crimes which are common,including fabricating and spreading false information behavior in "false information","made up","definition of communication" concept,general features and spread false information fabricated such behavior.The "false information" should be defined as "inconsistent with the objective facts of the information,including" completely unfounded,inconsistent with the fact that information is also included in the real information distortion after processing part,inconsistent with the facts and information.The concept is "rumor" one word is quite similar,but the two can not completely equate to its specific recognition Set should be consistent with the concept of subjective standard.The word "made up" in addition to according to the basic explanation of words is defined as "an outside fabrications behavior",it should also include substantive modifications to the false information."Communication" refers to "wide spread",specifically,the number of communication the object should be not specific or the majority of people,excluding minority specific knowledge;communication behavior of the audience for information,only to meet the audience on false information may be aware of the degree can be reached.The second part is to fabricate and disseminate false information of securities,futures crime,fabricated deliberately spreading false terrorist information crime,fabricated deliberately spreading false information between the crime objective aspect of crime in three,in addition to the three different aspects of the crime in the criminal object,this paper concretely from the crime,the object of crime and the harm result three aspects to be discussed.For criminal behavior,fabricating and disseminating false information of securities,futures trading behavior of the crime of "fabricating and spreading,fabricated deliberately spreading false terrorist information crime as" fictitious "or" intentional communication ",and fabricated deliberately spreading false information crime behavior is made the spread of" or "intentional communication".For the object of crime,the object of the crime of fabricating and spreading false information of securities,futures crime as "false securities,futures trading information,fabricated,deliberately spread Broadcast false terrorist information crime object as " false terrorist information ",make up,the object of crime of intentionally spreading false information crime is defined as a false " danger "," disaster "," epidemic "," four special types of alarm information.The harm results,fabricating and disseminating false information of securities trading the results of crime of futures for " disturbing the securities,futures market,causing serious consequences,and in the fabricated deliberately spreading false terrorist information crime and fabricated deliberately spreading false information crime,the results of the elements is defined as " seriously disrupted social order,including the specific content of the definition and understanding should be combined with the characteristics of the crime be distinguished.The third part is the comparison of fabricating and spreading false information of securities,futures crime,fabricated deliberately spreading false terrorist information crime and fabricated deliberately spreading false information,based on the similarities and differences between the three objective crime crime,further analyses the shortcomings of fabricating and spreading false information crime standard system,and puts forward some suggestions.To fabricate and disseminate false information of securities,futures crime,fabricated deliberately spreading false terrorist information crime and make relevant laws and regulations,deliberately spreading false information crime three crimes,making standard system of dissemination of false information crime are the object of crime is not clearly defined,the object of the crime of crime is too narrow,the standard of conviction and coordination between charges the lack of and charges set lack of types of other issues,which need to be further clear and perfect the judicial interpretation.