On The Crime Of Fabricating And Intentionally Spreading False Information And The Perfection Of Legislation

In the information society and media communication is highly developed today,people enjoy the convenience of high speed transmission of information,also under a false public information tired,some people have an ulterior motive or unit,for some reason,illegal and criminal activities by using false public information,seriously disrupting social order,affect social stability and prosperity.False public information crime as a new type of crime,criminal law amendment(nine)has been on such false public information crime legislative systems,but the fabrication and deliberate dissemination of false information crime as a new accusation in the relevant judicial interpretation has not yet been issued under the condition of application of this crime in the judicial practice in the process of gradually the results of this study,based on the current legislation and existing,through comparative analysis and case analysis and empirical analysis method,from its conception and structure characteristics,the cognizance of this crime,legislative defects and improvement of the three aspects of the research and discussion.The first chapter of this paper from the concept,significance and characteristics of legislation,combined with judicial practice and related research,summed up the charges that are belong to belong to the crime of disrupting the order of social administration of crime,this crime belongs to crime,this crime belongs to selective behavior violates three characteristics.Secondly,from the case and practice,summed up the practical significance and theoretical significance of the establishment of this crime.Finally,the objective characteristics of this crime,the characteristics of the object,the main characteristics,subjective characteristics were analyzed and summarized.The second chapter mainly discusses the problem of crime or non crime,this crime through the encountered problems during the judicial practice,the crime of the fabricated and spread of the two kinds of behavior and finds the meaning of a specific analysis and research,pointed out that the composition of the three kinds of behavior patterns of public information dissemination of false.At the same time,referring to the judicial interpretation of similar charges,it puts forward some concrete suggestions on the identification of the result of the serious disturbance of social order.Finally,through empirical analysis and case analysis,on the boundary between the crime and the fabricating and spreading false terrorist information crime,the crime of illegal business,libel,disturb the crime four crimes are discussed and summarized.The third chapter is the analysis and synthesis,summarizes the scope is too narrow,the false information crime standard is not clear,the penalty is a single set of three flaws,in view of the above defects,the author puts forward the extended false information scope and clarify the conviction standard,adding additional punishment suggestions.I hope this paper can provide references to lawmakers,in the next step of the legislative and judicial interpretations of the process,which makes it more reasonable to do the legislative and judicial leniency in sentencing,achieve equalization,standardization,implementation of administrative law enforcement and mutual supplement of multi governance constraints,in order to effectively combat fabricated deliberately spreading false information of serious violations of the social order.