| The development of modern Internet technology,information dissemination is no longer confined to the mouth-to-mouth transmission between people,television media broadcast,etc.,false information crime with the development of the network after another.The traditional criminal law,on the basis of the various situations of false information,stipulates the crime of false advertisements,the crime of fabricating and disseminating false terrorist information,fabricating and disseminating false information for profit,but with the development of the times,simply to fabricate and disseminate false information It not only disrupts the order of the real space,but also seriously affects the cyberspace order.The state has increased the crime of fabricating and deliberately spreading false information through the amendment of the Criminal Law(9),based on the need to combat crime.The crime is that the perpetrator intentionally fabricated or intentionally spread false information,epidemic situation,disaster situation and police intelligence,and spread such false information on the information network or other media,and"seriously disturbs the social order" Or "causing serious consequences",the crime in addition to the provisions of the crime of imprisonment,criminal detention,control,but also provides for a term of imprisonment of less than seven years.The appearance of the amendment has a great impact on the punishment and prevention of the criminal law and the spread of false information intentionally.There is still some shortcomings in the punishment and prevention of the crime of fabricating and deliberately spreading false information,and the scope of the existence of"false information" is still too narrow;from the legislative and technical point of view,the type of offense setting is inadequate;Making,intentionally disseminating false terrorist information "incongruity and other issues.This paper puts forward some legislative and judicial measures,such as enlarging the content of false information,realizing the type of legislation,enlarging the applicable scope of the penalty,expanding the application scope of the subject,and further judicial interpretation,improve the maneuverability of the judicial practice,reasonably identify the behavior in cyberspace,increase the additional penalty to deprive the perpetrator of crime capital and other recommendations.The first part analysis of the legislative process and composition of the crime of fabricating and intentionally spreading false information.This paper discusses the legislative process of the offensefrom the perspective of the current needs of the media age,the theoretical need of the development of the criminal law system and the Criminal Code and the Amendment of the Criminal Law.And from four aspects of the composition of the characteristics of the crime.The second part:analysis of the legislative and judicial problems of the crime.From the legislative scope,the adjustment space,the crime and punishment to adapt to the principle and so on the legislation level and the application standard,the penalty establishment and so on the judicial practice aspect analysis discusses the question which exists.The third part puts forward some suggestions on legislation and judicial perfection.In the light of the above-mentioned problems,the author puts forward some suggestions on expanding the range and types of legislation,reasonably defining the act of fabricating and intentionally propagating,clarifying the quantitative standard of "social order",putting forward the judicial interpretation scope,reasonable additional additional punishment and other recommendations,with a view to further improve the fabricated,deliberately spread the legal regulation of false information behavior. |
