Research On Judicial Application Of The Crime Of Fabricating And Intentionally Spreading False Information

As of June 2021,the size of China’s Internet users exceeded 1 billion.While the popularity of the Internet in China is so rapid,false information in cyberspace is also endless.In response,false information should be effectively regulated under the premise of fully protecting the right of expression of Internet users.The Amendment(IX)to the Criminal Law of the People’s Republic of China added the crime of fabrication and intentional dissemination of false information,which makes criminal law intervene in cyberspace and becomes an important way to regulate false information,but the crime still needs to be further improved in judicial application.From the perspective of specific jurisprudence,there are three main problems in the judicial application process: First,the controversial issue of the nature of the order of cyberspace.Second,the problem of ambiguous criteria for serious disruption of social order.The third is the distinction with other crimes.For the nature of the order of cyberspace,based on the analysis of the current academic views,from the three perspectives of punishability,reasonableness of interpretation and constitutionality of regulation,it is believed that false information in cyberspace spreads fast,is harmful,difficult to regulate and low cost,and needs to be regulated by criminal law;the interpretation of cyberspace as a public place,whose order belongs to public order is still within the prediction possibility of the nationals.the intervention of criminal law in cyberspace to regulate false information is the protection of free speech and is in line with the spirit of the Constitution.On this basis,to determine the standard of serious disturbance of social order,the "two-dimensional" approach to criminalization should be adopted.that is,the premise of false information,respectively,from different angles to provide the standard of serious disturbance of the order of cyberspace and the standard of serious disturbance of the order of real space.When examining the order of cyberspace,it should be determined from two perspectives: credibility and the consequences caused by false information,in order to ensure the modesty of criminal law.When examining the real space order,it is only necessary to analyze the impact of false information on each order,in order to guarantee that false information can be regulated in a timely and effective manner.On the issue of differentiation from other crimes.On the one hand,considering the limitations of the four types of false information limited by the crime of fabrication and intentional dissemination of false information,it is proposed that the two crimes should be divided from the perspective of the purpose of dissemination while retaining the application of the crime of creating troubles in the network.In order to constitute the crime of creating troubles in the network,the perpetrator must have a "rogue" purpose.On the other hand,on the distinction between the crime of fabrication and intentional dissemination of false terrorist information,it is proposed that the determination of false terrorist information should be examined from three perspectives: the content of the information,its urgency,and whether the information creates a new threat.