The Judicial Determination Of Objective Acts In The Crime Of Fabricating And Intentionally Spreading False Information

With the convenience of social interaction,information,as an independent element,participates in social production,changes Relations of production and modes of production,and affects the superstructure of society.By deconstructing the criminal law provisions of the crime of fabricating and deliberately spreading false information,we can analyze the two Determiner of "intentional and false" and the four types of information of "dangerous situation,epidemic situation,disaster situation,and police situation".At the same time,the two objective acts of "fabricating and spreading" need to occur in "information networks or other media" and reach the level of "seriously disrupting social order or causing serious consequences".In the judicial case of this crime,objective behavior generally exhibits diversity in behavior methods,complexity in behavior content,information network in the behavior field,stakeholder nature of the behavior object,and ambiguity in the determination of behavior results.In the judicial determination of this crime,there are mainly problems such as incomplete judicial evaluation of behavior methods,unclear judicial identification of behavior content,incomplete judicial protection of behavior fields,and inaccurate judicial determination of behavior objects and results.Based on this,a comprehensive exploration will be conducted on the behavior mode,behavior content,behavior field,behavior object and result in the objective behavior of this crime.Firstly,conduct empirical analysis on the objective behavior of the crime of fabricating and intentionally disseminating false information,and identify contradictions in practice;Secondly,theoretical analysis is conducted on the objective behavior of the crime of fabricating and intentionally disseminating false information,forming a logically consistent academic guidance;Once again,based on judicial cases and doctrine,propose appropriate judicial measures to combat and prevent the fabrication and intentional dissemination of false information.Firstly,in terms of judicial determination of "fabricated" behavior,three specific criteria should be established to determine the difficulty of falsification,cognition,and sociality of the behavior;With regard to the judicial determination of "communication" behavior,reference is made to the standard of "the principle of close accessibility of others" in the theory of Strafgesetzbuch,and three specific criteria for judging the openness,media and timeliness of behavior are established.Secondly,the normative expression of "falsehood" should be carried out from the perspectives of infringement of legal interests,general credibility,and the elimination of reasonable doubt.Based on the experience of American precedents,a judgment approach that divides false information into two parts should be established,that is,the dichotomy of factual statement and opinion evaluation.Thirdly,for the serious disruption of social order in this crime,a composite plan with multiple parallel standards should be formed based on elucidating the substantive judicial judgment standards of the dual level field.In each standard,it is particularly necessary to consider the actual click count,reading volume standards,and forwarding volume standards commonly used by judicial authorities.Fourthly,we must adhere to active criminal judicialism,implant the "imperial principle" or proportionality principle in administrative law into criminal judicial recognition,judge the necessity of punishment for actions with a cautious attitude,and comprehensively protect personal and suprapersonal legal interests.