Investigation On The Criminal Law Regulation Of False Alarming

On March 1,2021,the Criminal Law Amendment(XI)was introduced,which added the crime of assaulting the police,and clearly protected the order of police activities as an independent legal interest.Therefore,the protection of this legal interest should be comprehensive and systematic.The behavior of falsely reporting police information can be divided into two types: "malicious calling 110 hotline falsely reporting police information" and "fabricating criminal cases falsely reporting police information".Although both of them are indirect annoyances to the order of police activities,the number of cases and the degree of harm they show in judicial practice are no less than the legal interest infringement of the crime of "assaulting the police",which directly impairs the order of police activities.However,due to the absence of legislation,a considerable number of false reporting of police information can not be included in the scope of criminal law regulation.The existing construction of indirect regulation paths that apply to the crime of "fabricating and intentionally spreading false information" through social management order as "intermediary legal interests" cannot achieve effective regulation of false reporting of police information directly through the110 hotline,exposing legal loopholes.A certain number of false reports of police information that do not spread in "information networks or other media" but seriously disrupt the order of police activities are reduced to administrative violations and then subject to administrative punishment by applying the Public Security Administration Punishment Law.After all crimes are committed,the public security administration punishment is applied,which can not effectively curb the behavior of false alarm,and there is a risk that the judicial organ improperly applies a felony to the behavior of false alarm through "soft interpretation".After reviewing the extraterritorial norms,Japan’s criminal judicial practice applies the "crime of obstructing business" in Article 233(the latter paragraph)of the Japanese Criminal Code to regulate the behavior of false reporting of police information.With the behavior mode of "spreading false rumors" or "using tricks",public affairs as the object of behavior,and causing "realistic reaction" as the harmful consequences as the constituent elements,the "crime of obstructing business" is applied to regulate the behavior of false reporting of police information.Article 145 d(Fictitious crime)of the German Criminal Code will directly crack down on the fictitious illegal acts or specific crimes committed by the relevant authorities,and adopt the legislative model of direct regulation for the fictitious crimes.Germany,Japan and other countries have included the behavior of false reporting of police information into the scope of criminal law regulation.Although they adopt different charges,they all set the path of penalty application in the way of direct regulation.The extraterritorial legislation model is not completely suitable for our country’s legal environment,but its legislation model has important reference significance for improving the criminal law regulation path of false alarm.Under the background that the theory of interpretation is difficult to effectively respond to the false alarm behavior,based on the path of "legislation theory",it is necessary to add a misdemeanor specifically regulating the false alarm behavior-"false alarm crime" in the way of criminal law amendment,whose indictment is expressed as "those who implement the false alarm behavior and seriously interfere with the normal order of police activities,shall be sentenced to fixed-term imprisonment of not more than one year,criminal detention or public surveillance,and shall also,or only,be fined." While demonstrating the positive general preventive effect of this crime,we can effectively regulate the behavior of indirectly disturbing police activities.