Judicial Determination Of Crime Of Fabricating And Intentionally Spreading False Information

Rumoring and rumor spreading are both a social phenomenon and a social problem.When the relevant social legal interests are seriously infringed by rumoring and rumor spreading,rumor behavior will be regulated by the criminal law.In China,legislation on rumor-related crimes has been scattered in laws and regulations such as criminal law,civil law and administrative regulations since the new criminal law in1997.With the advent of the era of new media,rumoring and rumor spreading have become increasingly harmful in cyberspace.Specifically,first,Internet rumors cause serious disturbances to people’s lives;Second,Internet rumors damage the image of the government;Third,Internet rumors destroy the trust between people.However,cyberspace is also controlled by law.Based on this,the new Amendment to Criminal Law(IX)issued in 2015 officially included the act of fabricating and intentionally spreading false information through media platforms such as the Internet into the regulation of criminal law.This is the background of the crime of fabricating and intentionally spreading false information.In this paper,from the standpoint of legally prescribed punishment for a specified crime,the background of the current judicial reform and judicial practice in China related to this crime are introduced generally.Moreover,the legitimacy of the punishment for intentionally spreading false information has been further demonstrated theoretically.Then,the subjective and objective elements of this crime are analyzed in detail.The second part of this article is the discussion of the object of the crime involved in this crime.First of all,the fact that the protected object of this crime is the social order is confirmed,and then the relevant incriminating criteria are further discussed.In the third part of this paper,the execution of the crime,the object of the crime and the object of the act,the execution of the act is discussed.Through the combing of "making up" and "spreading",the behavior types of this crime are clarified.As for the object of the crime and the object of the act,it focuses on the explanation of the false information referred to in this crime and the explanation of the object of the spread of false information.The fourth part of this paper focuses on the subjective aspects of this crime.The first is to explore the intentional types of the crime,the second is to briefly describe the influence of the perpetrator’s illegality cognition on the identification of the crime.In the fifth part of this paper,the pattern of the crime is discussed.In the sixth part of this paper,combined with the existing judicial practice,the two crimes that are easy for lapping of legal provisions in the judicial practice--the crime of picking quarrels and provoking troubles and the crime of fabricating and intentionally spreading false terrorist information are discussed in terms of inter-crime identification.Finally,from the standpoint of serving justice,the author puts forward the shortcomings of this crime and relevant suggestions.The author hopes to bring new enlightenment for the legislators’ future legislative activities through the research and discussion of this paper and provide new ideas for the judicial practice of the judicators.