Research On The Judicial Determination Of The Crime Of Fabricating And Deliberately Spreading False Information

In recent years,crimes of fabricating and deliberately spreading false information have emerged one after another,seriously affecting people’s production and living order.In order to combat such crimes,the Ninth Amendment to the Criminal Law was passed in2015 to add the crime of fabricating and intentionally spreading false information.However,due to the lack of a special judicial interpretation,there are still a series of problems in the application of this crime.People have not reached consensus on these problems,such as the object of the crime,behavior and harmful results of the crime.The answers to these questions need to be fully discussed in dogmatics.The false information of this crime is clearly divided into four categories: Dangerous Situation,epidemic situation,disaster situation and police situation.Due to the fuzziness of these terms,it is necessary to make use of other laws and regulations and social cognition to clarify the scope of its coverage,in order to prevent improper expansion of interpretation.On the basis of grasping the core characteristics of false terrorist information,it is clear that "Major epidemic situation" and "Major disaster situation" should not be regarded as false terrorist information.Fabricating in the sense of criminal law includes not only fabricating out of thin air,but also revising the real information.Communication behavior should be judged by “Making other people contact”,in which the other people are unspecific people or most people.The pattern of this crime includes two types: fabricating and spreading and intentional spreading.Therefore,the act of fabricating alone does not constitute a crime.When determining the serious disturbance of social order,the practical departments often refer to the standards of the number of clicks,the number of views and the number of reposts in the Online Defamation Interpretation,but the nature of these data reflects the extent of dissemination,rather than the stability of the social order.The social order in the harm result of this crime should be reduced to the real public order,and the serious disturbance should be judged by the abnormal operation.