Crime Of Fabricating And Intentionally Spreading False Information

False information has existed since ancient times,and the legal regulation of it has a long history,but with the gradual popularization of the network,the crime of false information using the information network is also on the rise.For this kind of false information crime,our country mainly uses the crime of fabricating and intentionally spreading false information to regulate.This paper mainly focuses on the identification of this crime and the problems that may exist in the process of judicial application,in order to further play the role of this crime in regulating the crime of false information on the network and put forward corresponding suggestions.In the literal sense,false information focuses on its falsity,which is inconsistent with the fact;while rumors have false parts,but the focus is on the spread of such unfounded information.It can be seen that false information is different from rumor,and their connotation and extension are not exactly the same,which will be elaborated in more detail in the article.Although the false information has the true appearance and misleads the public to believe it and spread it,it is still false in the end,which is inconsistent with the objective facts.Real and effective information is the basis of normal and stable operation of human society.The spread of false information may not only harm personal interests,but also destroy the normal order of society.Therefore,it is necessary to regulate it by law.This crime defines the scope of the false information that should be regulated by the criminal law,so as to avoid excessive attack on citizens’ speech expression behavior,and at the same time,it plays a role in cracking down on the fabrication and dissemination of false information on the Internet.However,in the application,the provisions of "false danger,epidemic situation,disaster situation and police situation" are more colloquial and have different understandings.The connotation and extension of the four types of false information are not clear.This has led to the vague scope of application of the charges,and at the same time,there are unclear boundaries between the crime of fabricating,deliberately disseminating false terrorist information and the crime of network-based provocation,which is difficult to distinguish.For the problems existing in the application of this crime,this paper puts forward relevant suggestions.In view of the fabrication and dissemination of false information on the Internet,we should first keep the modesty of criminal law,and not include the citizens’ legitimate speech expression behavior into the scope of regulation,so as to avoid damage to the citizens’ freedom of speech.Secondly,for the problems between this crime and the crime of fabricating and deliberately disseminating false terrorist information and the crime of network-based provocation,the author believes that the scope of false terrorist information should be adjusted,and the relevant provisions of the crime of network-based provocation should be abolished,so as to avoid the difficulties in the application of the crime.Finally,in view of the article of this crime law,the scope of false information should be clarified,and the provisions of deprivation of political rights and fine penalty should be added.