Research On The Difficult Problems Of The Crime Of Fabricating And Deliberately Spreading False Information

COVID-19 outbreak suddenly broke out in 2020,people across the country during the difficult period,the outbreak of some make use of information network,spread false information,the outbreak of work caused great distress,some crime seriously disrupt social order,and seriously disturbing the normal work order of the outbreak in China,the need to use the criminal law means to punish.For this kind of crime,the crime of fabricating and intentionally spreading false information added by < criminal law amendment(9)>has a positive impact and practical significance.Because this crime is the< criminal law amendment(9)> new charges,has not yet introduced the relevant judicial interpretations,in judicial practice,there are still some problems of the crime of fabricating,deliberately spread false information problems to be solved,this paper will focus on fabricating,deliberately spread false information crime existing problems,combined with the examples in the judicial practice,analysis the problem in this crime practice,applicable to this crime and that the differences in the theoretical analysis,so as to seek a solution to the problem.This article mainly discusses,deliberately spread false information that exists in the crime of the judicial field with three questions,the first one is the crime behavior pattern,in this paper,this crime behavior first by reference wang mou of fabricating false alert which leads to the practice of this crime behavior patterns of controversy,“fabricating”and “spreading” of judicial definition is not clear.and then analysis the theoretical definition of the crime.In the concept of criminal jurisprudence,“fabricating”includes not only the act of making up out of nothing,but also the tampering of real information.The target of the“spreading”shall be unfixed or a majority of people.Finally,it proposes to improve this crime as a model,restricting the“fabrication and spreading”behavior model.The penalties for “fabrication” behavior can be restricted for the purpose of“ spreading”.Fabrication behaviors that do not use spreading as the purpose will not be allowed.Incorporate into the scope of regulation of the criminal law,so as to better clarify the application path of this crime.Second question is about the criterions for the conviction of crime seriously disrupt social order this harm result in problems that exist in the judicial practice,firstly,the second part of this paper cites the case of deng xiliang making up false epidemic information seriously disturb the social order of evaluation standard is a controversial issue in practice,then,the second part of this article mainly revolves around the issue detailed in this paper.Due to the abstract nature of the concept of social order,the academic circles have different standards,which will lead to a certain degree of uncertainty in the criteria for judging that it has been violated.In practice,there is a lack of public security,chaos in network order,and Or the chaos of the actual order is used as the criterion for judging “seriously disturbing the social order”.Finally,the standard is determined,and the determination of “seriously disturbing the social order” should not be based on the lack of public safety as the criterion,and the construction of a two-level recognition standard is proposed to reflect the interaction between the network order and the actual order.The last to construct “seriously disturbing the social order” of a unified standard.The last question is about the fabricated,deliberately spread false information crime behavior causal relationship between the results and discussion,in the judicial practice also exist for this crime causation cognizance ambiguous problem,firstly,focusing on the outbreak of liuxingxing spreading false information,Second,analyze the relationship between false information and damage results from the perspective of causality.Finally,clarify the basis for determining the causality of this crime,and the boundaries that should be observed when applying this crime.Through thinking and discussing three difficult problems,this paper tries to understand the applicable way and path of this crime in a more comprehensive way,so as to better protect the legitimate rights and interests of citizens.It hopes to improve the construction of false information crime system,solve similar problems in judicial work,and help master the standard of conviction and sentencing.