Study On Judicial Determination Of "Serious Disturbance Of Social Order" In The Crime Of Making And Deliberately Spreading False Information

The crime of false information was added to the ninth amendment to the Criminal Law,and the concept of seriously disturbing social order was not clearly stated.As one of the important conditions,there is an urgent need to answer this question.This article examines 34 cases to provide suggestions for questions and answers that are intended to bring value.This paper argues that the judicial organs refer to four factors,namely network data,people’s life,coping measures and national credit,when determining this crime.These four factors can be summarized as fact factors and order factors,and these factors will be illustrated through cases.This paper will explain several problems existing in practice,such as reflection ability,standard ambiguity,improper positioning,neglect of quantitative and qualitative distinction,factor relation confusion.The social order should be defined as the actual order,and the serious disturbance should be defined as the standard and quantitative factors under the premise of determining the offence of circumstance.Through the above of considerations to the inspection,and puts forward reference to reduce the network data factor,eliminate the network order reference,emphasis on public reference in the real life,excluding some countermeasures,elimination of reference is not up to standard of national credit factors,distinguish separate facts and order in the two factors and cohesion,and finally puts forward the thinking and supplementary explanation provisions in question.