| At the beginning of 2020,the COVID-19 epidemic broke out,and false information about the epidemic emerged one after another.The Internet era is the information age.In the special period of COVID-19 epidemic,China’s control of online rumors was unprecedentedly efficient and the crackdown was intensified.The Criminal Law Amendment(IX)has added a lot of new charges closely related to network crimes,among which the crime of making up and intentionally spreading false information has attracted widespread attention.The issue and introduction of this charge effectively suppressed the illegal and criminal acts of maliciously publishing or spreading false information on the mobile Internet and other media,but there are still many difficult incidents in the application of its jurisdiction in China.This paper starts from the practice,combined with China’s criminal theory and real cases,in-depth analysis and this type of crime related to a variety of difficult points,hoping to provide certain guidance and reference for the specific judicial application of this type of crime.Based on the above background,the paper analyzes the new type of crime and interpretation,by analyzing the current situation of the determination of nature of this crime crime criminal law,and combining with the practical cases in judicial practice,carries on the analytical interpretation,as well as to the crime criminal case judicial cognizance way of thinking.Further expounds the difficult problems in the judicial practice of this crime,and combined with the relevant judicial practice cases to explain and interpret.And then put forward Suggestions to it in the legislative and judicial process perfect,put forward a set of accord with feasibility of practical application in our country’s national conditions and judicial Suggestions,through legislation and other legal means to clear unified standard into sin,clearly define the crime degree of various basic elements in its formation,reasonably determine the rules of criminal law content and scope,and systematic to build in the criminal law for the regulation of false information,such as a sound system of the penalty system,makes it applicable in criminal really fully embodies fair,follow the statutory crime,To balance the relationship between the legal rights and interests of all the right holders protected in criminal cases and the non-infringement of other interests in society and the freedom of speech of citizens. |
