Research On The Judicial Identification Standard Of "Seriously Disrupting Social Order" For The Crime Of Fabricating And Deliberately Disseminating False Information

The Criminal Law Amendment(9)passed in 2015 added the crime of fabricating and deliberately disseminating false information,which provides a clear criminal law basis for the criminal act of deliberately disseminating false information through the Internet.At the same time,there are also some problems,such as this article.The study of the crime of "seriously disrupting social order" has led to different judgments in the same case due to the lack of clear judicial determination.Therefore,this article starts from the judgment and analyzes in detail the current problems in the determination standard of "seriously disrupting social order",and adopts The relevant knowledge of criminal law theory provides suggestions for solving this problem.First,start with the current status of the judicial determination standard for the crime of fabricating or deliberately disseminating false information that "seriously disrupts social order",download all legal documents related to the crime on the Chinese Judgment Documents website,and sort out 34 judgments and select them in a form.Intuitively introduced the current three criteria for determining the crime of "seriously disrupting social order".Second,discuss the serious disruption of the "order of cyberspace" judicial identification standards.The network has evolved from criminal objects to criminal tools in cybercrime,and then evolved into today’s criminal space.Therefore,cyberspace is real,and the order of cyberspace is the order of actual space.The manifestation in the network belongs to the social order.The perpetrators fabricated and deliberately disseminated false information to cause serious disorder in the cyberspace order should be punished by the criminal law.The content of false information and the scope of the influence of false information can be used to eliminate the influence of false information.The workload and the extent to which false information affects the normal work order are the criteria for identifying serious disorder in cyberspace.Thirdly,discuss the judicial determination standard of seriously disturbing the "order of real space".The collective legal benefit of the crime can be reduced to individual legal benefit.Collective legal benefit is a means to protect personal legal benefit and creates preconditions for the realization of personal legal benefit.The legal interest of "order" is based on order to protect human freedom.On this basis,it clearly puts forward the seven judicial identification standards of "real space order".Finally,"causing social panic" cannot be the judicial determination standard for the crime of "seriously disturbing the social order",because the legal benefits of criminal law must be clear and specific,while causing social panic is the subjective psychological state of the public,which is subjective and vague.,It is difficult to measure;moreover,other factors will be involved between the behavior of causing social panic and the behavior of the perpetrator to fabricate and deliberately spread false information.The causal relationship between the two is difficult to determine;in addition,the judgment standard for social panic is relatively vague,neither It is determined by scientific rules,but cannot be determined by empirical rules.