Research On The Judicial Determination Of The Crime Of Fabricating And Intentionally Spreading False Information

The article first expounds the research background and significance of this crime.Realize the important value of studying this crime in the Internet age.Secondly,by comparing the relevant cases in judicial practice,it is concluded that there are contradictions in the understanding of the constitutive elements of this crime in judicial practice,which mainly focuses on the identification of the object of behavior,the way of behavior and the consequences of behavior.Different verdicts and excessive application of the same case are serious.This paper analyzes the cause of the problem of specific judicial determination again.Including the system interpretation of the judicial interpretation of similar charges before the application,the content of the relevant interpretation intersects with this crime,and the application level between the two is quite controversial.The improper expansion of criminal legislation and judicature in the network era.This tendency is to regulate the network order by actively playing the function of criminal law,and interpret the meaning of the fabrication act by analogy as the dissemination act after fabrication.It is impossible to accurately grasp that the implementation of this crime is only the essence of the dissemination act.As the second society on which public life depends,the emergence of the Internet has changed the meaning of social order in criminal law.The network social order is as important as the real social order.Apart from the specific requirements of the reality of the legal interests of criminal law,the network order is wrongly regarded as the protection of legal interests,the abstract results such as information browsing and forwarding or public security are taken as the basis for the severity of infringement,and the acts that should be identified as administrative violations are regarded as criminal crimes.Finally,based on the low application rate of this crime in judicial practice at present,the research data required by relevant legislation,and the fact that the criminal law theory is still to be improved,this paper proposes that we can refer to the relevant judicial interpretation to have a short-term understanding of the constitutive elements of this crime.Combined with the characteristics of order sharing and co-governance in cyberspace,criminal law should play a negative normative role.To best explain the constitutive elements of the crime.To clarify the meaning of false information,grasp that the only act of this crime is the act of spreading,and realize that in the Internet era,the protection of criminal law should still take the real social order as the legal interest of criminal law.The behavior that disrupts the network order is worthy of criminal protection only if it disrupts the real social order.Strictly define the boundaries of this crime,abide by the principle of legal punishment.In the medium term,the relevant authorities could issue summaries of cases concerning this offence to provide guidance for the standardization of judicial trials.However,in the long run,it is still necessary for the authorities to combine the characteristics of network information crime and make a perfect judicial interpretation of the crime.