Legal Determination Of The Crime Of Fabricating And Intentionally Spreading False Informatio

Due to the urgent need of controlling network speech crimes,the criminal law added the crime of fabricating and intentionally spreading false information.However,due to the lack of special judicial interpretation for a long time,the judicial application of this crime is not satisfactory,and judicial organs in different parts of the country can not achieve a unified identification of similar cases.With the development of the information network and the occurrence of the COVID-19,all kinds of false information are flooding in the cyberspace,which makes it more necessary for the crime to take actions and play a reasonable response effect.Therefore,it is necessary to further clarify the identification of the constitutive elements of this crime,not only to protect the legitimate rights and interests of citizens such as freedom of speech,but also to severely crack down on the behavior that seriously endangers society,so as to meet the requirements of crime,responsibility and punishment.Through the case of Wang Jingjing fabricating and deliberately spreading false information,this paper analyzes the elements of the crime,which mainly includes three parts:The first part studies whether the specific behavior of Wang Jingjing is a criminal act.It involves the identification of objective aspects of the crime,including the limited explanation of the fabricating behavior,the limitation of the content of false epidemic information,the three steps of the identification of the transmission behavior and the comprehensive identification of the behavior of the crime.The second part studies whether Wang Jingjing has the subjective fault that should be punished.Firstly,the subjective fault of Wang Jingjing is identified,and then the subjective fault is analyzed whether it conforms to the crime constitution of this crime.It involves the identification of the subjective fault of the perpetrator and the concrete identification of the form of the crime by the way of proof in the criminal procedure law.The third part studies whether the false information fabricated by Wang Jingjing has seriously disturbed the social order.First of all,combined with the facts of the case,an in-depth analysis of the identification of functional departments and the types of emergency response measures in the judicial interpretation provisions.Secondly,it identifies the social order protected by this crime and analyzes whether the influence caused by false information in the case is to disturb the social order.