Research On The Crime Of Fabricating And Spreading False Information

Since twenty-first Century, the rapid development of the Internet led to thedevelopment of a large number of new industries, the Internet has touched every aspect ofour lives, the speed of information dissemination, the scope of the change of people's lives will gradually become more and more transparent, at the same time, has brought some negative problems such as network crimes, according to statistics, I China's Internet users reached 680 million, Internet penetration rate reached more than 60%, as can be imagined, Internet crime is huge, influence on people's life.Therefore, the fight against cyber crime, safeguard the legitimate interests of Internet users is imperative. In September 9, 2013 the Supreme People's court and the Supreme People's Procuratorate issued "on the handling of defamation on some issues of applicable law in Criminal Cases Interpretation of the" use of information network, clear all fabricated and spread false information on the network behavior in accordance with the provisions of the crime of affray conviction and punishment, the interpretation of the introduction, as the judicial organ hit the network made up,provides a unified legal yardstick to spread false information, but also caused controversy in the theory of criminal law, some scholars on the interpretation of the rationality and legitimacy have put a lot of questions. To this end, in August 2015, the Standing Committee of the National People's Congress adopted the "criminal law amendment (nine)", will be fabricated deliberately spreading false dangerous,epidemic, alarm, disaster information in the information network and other media on the behavior of the new fabrication and deliberate dissemination of false information crime to be regulated. "Criminal law amendment (nine)" in the fabrication and deliberate dissemination of false information crime is just set up charges, research on network crime in China is basically in a relatively simple state, the crime of reference literature have fabricated deliberately spreading false terrorist information crime,fabricating and spreading false securities and futures trading information crime.GaoMingxuan, edited by Ma Kechang in the theory of "criminal law" (Peking University press, higher education press, 2016), described the concept of fabrication and deliberate dissemination of false information, People's Republic of China criminal law amendment after amendment issued by ZangTiewei (nine) "interpretation" (Chinese legal publishing house, 2015) of the the interpretation of the crime. But overall, the theory research of the crime is less specific provisions in the interpretation and amendment of the criminal law as the starting point, the interpretation of the concept of fabrication and deliberate dissemination of false information crime, combining relevant cases in judicial practice, the fabrication and deliberate dissemination of false information and the crime of affray the elements of the crime are analyzed, and the existence of this crime in practice, analyzes the problems, put forward reasonable proposals of fabrication and deliberate dissemination of false information crime in the criminal law, in order to help in practice.This paper is divided into four parts:The introduction mainly introduces the background and significance of the topic, research status, research methods, innovation and shortcomings.The first part is about the crime of fabricating and spreading false information intentionally. First of all, the author introduces the characteristics and types of fabricating false information. Secondly, the author expounds the legal regulation of the crime of fabricating false information. Finally, the paper summarizes the problems existing in the current legislation and judicial application.The second part is about the constitution of the crime of fabricating and spreading false information. First of all, this paper makes an analysis of the crime of"making up" and "spreading" in the crime. Secondly, it expounds the relationship between the two, and distinguishes the different types of the existence of the relationship between the two. And the "false danger, disaster, epidemic and police"were identified, analyzed the fabrication and deliberate dissemination of false information crime media, finally to the establishment of the crime must meet the conditions, the behavior results must seriously disturb social order "are analyzed. In the subjective aspect, the subjective aspect of the crime is defined as the direct intention, and the second is that the crime is not a crime.The third part, the crime of fabricating and spreading false information. This part mainly discusses the fabrication and deliberate dissemination of false information and the exercise of freedom of speech boundaries, secondly, theory of hot affray crime areanalyzed, and fabricating, spreading false terrorist information crime difference,through the comparative analysis of the standard of conviction of the crime in the judicial practice of different clear grasp between charges.The fourth part is about the perfection of the crime of fabricating and spreading false information. First of all, the convergence of criminal law and other laws, because this crime is formulated in information technology developed under the background of the convergence and solve the problem before the relevant law is very important,the accusation, fabrication and deliberate dissemination of false information crime should be selective charges, so pedestrian behavior whether it is violated which a crime, the crime should be established. Thirdly, it discusses the application of the number of crimes, and finally makes a reconsideration of the criminal law on the regulation of fabricated, deliberately spread false information crime.