With the development of society and the progress of science and technology,information has been always accompanied by our daily work,study and life.With the advent of the Internet era,the carrier of information is becoming virtualized and complicated.False information breeds wantonly with the help of cyberspace,and the behavior of criminals fabricating and spreading false information seriously affects the security of social order.For this reason,a new crime was added to the Criminal Law of China in 2015,that is,the crime of fabricating and intentionally spreading false information.It is not difficult to see from the provisions of the law that the crime is mainly aimed at the existence of false information in the Internet or other media crimes.Although the introduction of the crime of false information to a certain extent,but in the application of judicial practice is facing a lot of problems,especially with the previous related laws and regulations on false information crime of cross confusion,which is worthy of our further study of this crime.Therefore,this paper through the detailed overview of this crime,carefully study its constituent elements,analyze the different forms of this crime,and then distinguish the relationship between this crime and similar crimes,in order to summarize and conclude the corresponding conclusions,and hope to be helpful to the future judicial practice.This paper consists of three parts,namely introduction,text and conclusion.First,the introduction.This part first briefly explains the purpose and significance of the study of this topic,followed by a summary of the collected references,the overall foreign and domestic two lines of literature review,and finally a brief introduction of the research ideas and innovation points of this topic.Second,the body part.This part is divided into three chapters: The first chapter is an overview of the crime of making up and intentionally spreading false information.This chapter mainly starts with the definition and characteristics of this crime,clarifies the legislative process of relevant laws of this crime,and finally enumerates the practical significance and value of this crime in the end.The second chapter is the constitutive elements of the crime of making up and intentionally spreading false information.This chapter discusses the objective constitutive elements and subjective constitutive elements of the crime from four aspects.At the same time,the controversial parts are summarized.The third chapter is fabricated,deliberately spread false information crime judicial cognizance,this chapter first analyzes the forms of crime,crime of the crime unfinished form,accomplice form and crime number shape was studied,followed by compare this crime and similar charges,the key difference between this crime and stir-up-trouble crime,libel and fabricating,the relationship between crimes deliberately spread false information.Third,the epilogue.This part,through summarizing the whole content of this paper,puts forward the conclusion to deal with the problem of identifying the constitutive elements of this crime and the dispute in the judicial application.As for the inconsistency of the identification standards of some constitutive elements,and the application of this crime and similar crimes in judicial practice,we should correctly understand the definition of this crime,reasonably identify the constitutive elements,and select the charges according to the actual situation of the case in practice,so as to make a decision that is conducive to social development. |