编造、故意传播疫情虚假信息行为的刑法规制

T. Zhang
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引用次数: 2

摘要

故意散播乌克兰6,截至2020年1月,新冠肺炎疫情开始爆发,影响到中国和全世界。与各行各业遏制疫情的努力相反,干扰病毒预防和遏制的非法活动甚至犯罪频繁发生,其中制造和恶意传播与疫情有关的错误信息非常常见,阻碍了病毒的预防和遏制工作,对社会稳定和公共秩序造成了重大危害。遇到这种挑战,有关国家当局已努力打击这种行为。然而,正如对这类行为的刑事定罪一样,在理论上仍然存在争议,在实践中也很难确定,对制造和恶意传播与流行病有关的错误信息这一罪行的认定实际上仍然不令人满意。本文对《刑法》将此类行为定为刑事犯罪的问题进行了分析并提出了建议,可分为三个部分:首先,从法理学的角度分析了制造和恶意传播与疫情有关的虚假信息定为刑事罪的正当性;其次,经过分析和比较,提出了对此类行为定罪应遵循的原则;第三,对刑法第二百九十一条第一款、第二百九十二条第二款第二款和第二百九十三条关于犯罪的分类、法律依据以及犯罪的认定和开脱等问题进行了评述,并对刑法适用提出了建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Criminal Law Regulation of the Behavior of Fabricating and Deliberately Disseminating False Information of Epidemic
The and Deliberately Disseminating Ukrainian 6, As of January 2020, the outbreak of the COVID-19 epidemic began that affected China and the whole world. Contrary to the efforts of people from all walks of life to contain the epidemic, illegal activities, even crimes, that interfere with the prevention and containment of the virus frequently occur, among which, making and maliciously spreading misinformation related to the epidemic is very common, which action, obstructs the efforts of virus prevention and containment as well as results in a substantial harm to the social stability and public order. The state authorities concerned, encountered by such challenge, have made efforts to crack down upon this kind of act. However, as in criminalization of such acts, it remains disputed in theory and difficult in identification in practice, determination of such a crime of making and maliciously spreading epidemic-related misinformation remains unsatisfactory in effect. This thesis conducts an analysis and puts forward proposals on the questions that arise in the criminalization of such act by the Criminal Law, which may be broken into three parts: firstly, it analyzes the justifiableness of criminalization of making and maliciously spreading epidemic-related misinformation from the perspective of jurisprudence; secondly, it offers after analysis and comparison principles that should be followed in the criminalization of such act; and thirdly, it reviews the issues of categorization, legal basis thereof and crime determination and exculpations under Article 291.1.1, Article 291.1.2 and Article 293 of the Criminal Law, and offers proposals on criminal law application.
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