| Based on the expansion of horror information and the obstacles encountered in identifying the crime in judicial practice,further research on the identification of charges and balance of sentencing in the judicial practice of the crime of fabricating and intentionally spreading false horror information will also provide judges in judicial practice with a direction of conviction and sentencing.Finally,the basic requirements of accurate conviction and balanced sentencing in judicial practice are achieved,and the common recognition and justice value of the public are realized.This article excludes the introduction and conclusion,mainly from four parts of the crime of fabricating and intentionally disseminating false horror information on the issue of criminal law regulation.The first part mainly discusses the conceptual characteristics,legislative evolution and current research situation at home and abroad of this crime;the second part is the analysis of the constituent elements of this crime,which mainly covers the interpretation of "horror information",the definition of "serious disturbance of social order",and the understanding of "intent" of the guilty form of this crime.The third part mainly describes some problems existing in the legislation and judicial determination of this crime,such as the determination of selective charges and specific charges,and the fourth part after briefly introducing the extraterritorial related system,the legislation and judicial improvement paths of this crime are discussed in detail.The inherent lag of the law itself and the deficiencies and shortcomings caused by the fact that the law is difficult to implement frequent revisions must be compensated by legal interpretation.It is necessary to expand the judicial interpretation in accordance with the statutory procedures.It is particularly necessary to rigorously define the criminal law implications of the relevant concepts of this crime. |
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