On The Criminal Law Regulation Of Network False Information

Internet has penetrated into our life and work, using network information or other media fabricated and deliberate dissemination of false information not only caused disorder in the cyberspace a,but also our social public order will be caused serious harm. "Criminal law amendment (nine)" addition fabricated,the crime of intentionally spreading false information to make up for the lack of criminal law regulation of false information crime, for law without expressly for affray crime is not conducive to the implementation of the authority of, suspected of loss of freedom of speech. From the necessity of setting up the crime, the basic theory of criminal law is analyzed, and the related problems are discussed in order to realize the dynamic balance between the freedom of speech and the social order.The thesis is mainly from the following four parts to introduce:Chapter one is about the analysis of the status quo of the legislation about the false information.there is mainly about the necessity of crime of the establishment of fabrication and deliberate dissemination of false information, such as in theory exist false information for a specific person no assessment of the legal phenomenon,even also in the practice of false information on the Internet a wanton violation, seriously affected the social public order. But we should apply appropriate principle regulate the false information of crime, to ensure the balance between the social public order and freedom of speech, and provisions of the China’s current legal system about the false information for comparison and distinguish, clear about the applicable field and difference.Chapter two is about the constitutive elements of the crime of false information in the internet and the problems existing in the application of justice. The mainly elements of the crime of false information on the internet are analyzed from objective conditions and subjective conditions. Objective conditions relate to the meaning of fabricate, spread and the both relationship, the scope of false information and the standard of serious disturbing public order.the subjective condition mainly analyzes how to determine the intention of mind. In judicial practice, the existence of the plight of the determination is mainly from the charge of how to choose, the impact of the elements of the conviction and no unit crime.Chapter three introduces the experience of foreign countries on the network of false information management.Mainly introduced Germany, the United States, Japan and South Korea on the dissemination of network legislation.In addition,introduce the Internet provider strict accountability requirements and the diversification of other means of social governance to punish harmful network information,to purify network space environment.Chapter four mainly discusses the problem of the existence of false information management in our country’s current law. From a practical point of view on my own to identify the establishment of a fabricated, deliberately spread false information and how to be convicted. And it is suggested that the existing criminal law to be charged with the type of the system, to avoid the bloated between the charges, as well as the recommendations of the information network to enhance the responsibility of the provision of service providers.