Analyses of the Crime of Fabricate and Spread False Terrorist Information
|School||East China University of Political Science|
|Keywords||Fabricate , Spreading False Terrorism Information False terrorist information Judicial Application Perfection of Legislation|
I Putuo Public Security Bureau, a police. Work against all kinds of criminal activities, maintaining social order and stability, safeguard its people, to ensure the stability of the state. In the course of investigation of various types of crime criminal behavior, the criminal law legal system, the judicial system has been a deeper understanding and thinking. In March of this year, I participated in the investigation of spreading false terrorist information case with \Shanghai netizens Wu (faded real name) to the screen name of \, causing panic among netizens. Putuo Bureau received a report, Wu brought to the police station to carry out investigations. Himself said that Japan \At that time, the public security organs view of Wu subjective malicious smaller, not yet caused serious consequences (\The case has not yet to fabricate, and deliberately spreading false terrorist information sins conclusive, but there are two points worthy of our attention: First, criminal law, seriously disrupting social order \in the identification of criminal means, especially when the new SNS sites, microblogging network interactive form, it should be how to identify the \Fabricated, intentionally spreading false terrorist information sins, as a new type of crime, it was originally designed to combat terrorist crimes and, but more frequent, more widely applicable to disrupt social order. Because the law bars deviate from the purpose of the initial set up, the the law article itself content is far too simple and abstract, academia and the judiciary of their many differences identified on, led to the problems in the judicial practice, inspired author study, explore The enthusiasm of this crime on the legal findings and judicial application, so writing this article. This paper is divided into four parts, a total of twenty-eight thousand words. The first part, fabricate, Spreading False Terrorism Information Overview. This section first describes the fabricated concept of Spreading False Terrorism Information and Legislative History. Second, from the concept of terrorist crimes begin to analyze the relationship between this crime and terrorist crimes. The third practical significance of this crime in the fight against terrorism. The second part, fabricate, intentionally spread false terrorist information elements of the crime and classification. The part of the first discussions on the elements of the crime from the object, objective aspects, the main body, the subjective aspects of four aspects, and controversial part, as \. Second from the drivers of crime, criminal way to classify the crime. This part is for later exploration Judicial Application and Legislative perfect to lay a hint. The third part, fabricate, deliberately spread False Terrorism Information judicial application. The first analysis of this crime in the judicial application of three part, the: charges applicable range is constantly expanding, the difference between a crime of several crimes unknown Accomplished and Attempted difference is unclear. Second on the problem of crime or discussed, including 25 with the Security Administration Punishment Law \Third, respectively, to fabricate and disseminate the securities, futures false information about the crime, the crime of organizing a mob to disturb social order, fabricating terrorist information on this crime and the crime of False Dangerous Substances, implementation knock blackmail relations are discussed. The fourth pair of \Part IV, fabricate, deliberately spread false terrorist information Crime Legislation Perfect suggestions. This section first describes the legislative achievements of other countries in the world in this regard and experience. Second explored by the author of this crime on the basis of relevant legislation perfect carry useful ideas.