"The four of my family", why is the bragging?
Author:Look at the think tank Time:2022.07.12
"I have four places in my family, so I asked them to be able to move me." The man named Yan was "moved" two days after saying this sentence.
On June 27, the Lanshan Branch of the Linyi City Public Security Bureau issued a police report, saying that Yan's administrative detention of Yan, who had bragged his "four places", was "fictional facts disrupted public order."
The report shows that Yan (male, 38 years old) is engaged in online teacher editing training. On June 25, in order to win the eye, he exaggerated his ability. He fabricated and scattered "I really have a background", "I have four places in my family, and asked them to be able to move me." Netizens' extensive reposted, causing a lot of attention from netizens and causing adverse social impacts.
On June 27, Lantashan Public Security issued a police report notice
According to Article 25 (1) of the "Penalties of the People's Republic of China", Yan was detained by administrative detention for fictional facts disrupting public order.
In the past, the punishment of fictional facts and disrupting public order was common in some dangerous situations, public events, police conditions, and epidemics. Since the emergence of the new crown epidemic, it is not uncommon for being dealt with for the spread of epidemic. Like this incident, it is rare to brag about being detained in the background.
This case makes people think, what kind of cow cannot blow?
Text | He Guosheng
This article is reproduced from the WeChat public account "South Wind Window" (ID: SouthreViews). The original first was released on July 10, 2022. The original title was "" Four of My Family ", and Blucking Cow's Disclosure, which does not represent the viewing think tank viewpoint point of view Essence
1
Teach
The above notification clarifies the process and results of the matter, but some backgrounds have not been mentioned. This matter has to be extended from the recruitment test of the teachers in Lantashan District, Linyi City.
On June 25, 2022, the Education and Sports Bureau of Lanthan District, Linyi City announced that because a large number of candidates were concentrated on the registration of the website before the registration, the webpage was stuck, causing a small number of candidates Sign up for an hour.
According to a screenshot spread on the Internet, before the announcement of the extension of the registration time, Yan informed the matter in the group. He asked the person who did not review the group after signing up, and hurriedly referred to the publicity at 4 o'clock, and boasted that he had a background in the chat of other people in the same group.
The widely spread screenshot showed that someone in the group said: "They said that you (Yan Mou) has a background, which can be written around Linyi."
When Yan Mou responded to this touting, he said the two words that appeared in the police report, "I did have the background" "I have four places in my family, so I asked them to be able to move me."
After that, this chat record was flowed out of the screenshot, causing dissatisfaction with netizens, and suspicion of the impartiality of recruiting was artificially disturbed. The police reported that Yan learned about the extended registration time through the 12345 government hotline and government website through the 12345 government hotline and government website.
Due to the extension of the registration time, the post information obtained by the registration personnel before and after the inconsistency, and was questioned by the applicants and netizens. On June 27, the Lanshan District Education and Sports Bureau issued an announcement again and apologized, allowing applicants who have approved the review to voluntarily adjust their applicants. On the same day, Yan was also detained by the police.
At this point, online public opinion about this matter has gradually subsided.
"Yan Mou's words have the meaning of fabricating facts, showing off himself, and provocation, but the essence is to brag." Attorney Ding Jinsun, Shanghai Dabang Law Firm, told reporters that from the police report, this matter is still at the speech level, If there is no evidence, he has disrupted the specific public order such as the order of recruitment, and it is not easy to judge the seriousness of his illegal.
On the other hand, "Yan Mou's words, fictional social relations, giving people a bad impression that someone in his family is an official, and the law of violating the law of law, violating the principles of the rule of law, and harming the social atmosphere should be clarified and condemned." Attorney Ding Jinsun further further Explanation.
Meng Fanzhuang, an associate professor at the School of Law of East China Normal University, said that from the above -mentioned police report, the logic of the police's handling of Yan was that his remarks were reposted by netizens, causing attention and increasing impact. Police applicable to Article 25, 1) of Police Management Punishment Law is not a problem.
2
How to disrupt public order
Specifically, the basis for the law enforcement of the police is Article 25 of the Public Security Management Penalty Law. One of the situations "spread rumors, reports danger, epidemic, alert, or deliberately disturb public order in other methods." measure.
Anyone who damages the image of the government and causes public opinion may be included in the "other methods" described. However, where the boundaries are in, the academic circles are still controversial. Meng Fanzhuang said that administrative detention involves the restrictions on the personal freedom of citizens, and the interpretation and application of Article 25 of the Public Security Management Punishment Law should be cautious.
Meng Fanzhuang told reporters that in accordance with the above laws, it is necessary to determine that someone's fictional facts disturb the public order, and there are three legal components: first, in terms of objective behavior, the perpetrator does distribute rumors; the other is that in terms of harmful consequences, the perpetrator spreads scattered. The behavior of the rumors really disrupts the public order; the third is that in terms of subjective aspect, the perpetrator constitutes intention.
How should the abstract concept of "public order" understand?
Meng Fanzhuang believes that the "public order" stipulated in Article 25, paragraph 1 of my country's Penalty Management Punishment Law should be interpreted as "the stability and tranquility of public life", and its core specifications are the order of public places in reality. This understanding has its basis. Article 25, paragraph 1 of the above, belongs to the component of "behavior and punishment of public order and punishment" in Chapter 3 of Article 25 of the Penalty Management Penalty Law. The "public order" in the above article points to the public order in reality. Such as production order, life order, work order, teaching order, scientific research order, traffic order, medical order, etc.
Therefore, the understanding of the "public order" stipulated in Article 25 (1) should be consistent with the provisions of the provisions.
Unlike the above understanding, in judicial practice, based on the development of the Internet and its impact on the real society, the court will expand the expansion of "public order" and incorporate the "network space order" into it. This is also a common operation at home and abroad.
Meng Fanzhuang believes that this expansion interpretation is indeed common, but it also has its own limit.
He explained that determining that the disruption of network order is not a disrupting public order. It depends on whether the disturbance of the network order has affected the real social order, that is, whether this impact has spread from the Internet to real life, otherwise it should not be easily detained.
The exception is that if certain online remarks have "obvious and immediately danger", it can also take measures before the actual impact of reality. For example, a number of new crown -positive diagnosis was found somewhere in artificial rumors to encourage everyone to grab vegetables. This kind of remarks are likely to cause everyone to really grab the vegetables and disturb the public order.
In May of this year, Wang Moumou released the false news that he "had to seal the city again, hurry up to buy materials", and was then quickly reposted and spread, causing a bad social impact. Wang Moumou was punished by administrative detention for seven days in accordance with the law.
But this expansion explanation is not established everywhere. Meng Fanzhuang also said that there is no direct causal relationship between the "image of government agencies" and the peaceful public life, that is, the public order, and the damage to the image of government agencies does not necessarily cause interference in "public order".
Therefore, the middle boundary needs to be clear.
3
What is the difference between bragging and rumors?
Back to the initial question, what kind of cow cannot be blown?
For common sense, "bragging" refers to something impossible and exaggerates its ability. And rumoring refers to the fabrication of false rhetoric.
Legally, the two cannot be the same. Meng Fanzhuang told reporters that first of all, bragging and rumors have different goals.
Black is showing off, exaggerating your ability, or attracting attention to satisfy your vanity. And rumors are often intended to satisfy privacy or disrupt social order.
Attorney Ding Jinsun believes that from harm, bragging is basically no public harm, and it is difficult to disturb public order. It is more about personal cultivation. However, intentional rumors are harmful, which will cause public panic and chaos of real social order.
As for whether the bragging is illegal, Meng Fanzhuang said that when ordinary people are bragging, if they involve public interests and major public events, they will easily develop into rumors and disturb public order. Therefore, in some public incidents involving danger, epidemic, and police conditions, you must not brag to take attention or satisfy vanity.
On the afternoon of April 3rd, Zou released the news of the new crown epidemic prevention and control of the new crown epidemic in 500 people with 500 people. He was detained for five days.
At the same time, Meng Fanzhuang believes that law enforcement and judicial agencies have determined whether a person blows or make rumors illegal. Two years ago, Meng Fanzhuang conducted related research on the identification of the public order of the Internet rumors to disrupt public order. The theme was the application of Article 25 of Public Security Management Punishment Law.
After analyzing more than 30 administrative judgments applicable to the above provisions, Meng Fanzhuang found that different judges did not uniform understanding and explanation of "spread rumors".
According to the interpretation of the Legal Working Committee of the Standing Committee of the National People's Congress, the "spread rumor" stipulated in Article 25 (1) of Article 25 of the Public Security Management Punishment Law refers to "the news that has no facts in the way of language or text."
Meng Fanzhuang concluded that in the judicial practice, the court has three different identification criteria for what is "no factual information": first, the news believes that the news is fictional; the other is that the news is not confirmed; third, the news does not match the facts.
Meng Fanzhuang believes that the first interpretation is reasonable, and it also meets the literary standards of legal interpretation. The other two explanations are difficult to achieve the legislative purpose of maintaining public order to a certain extent, and it does not meet the common sense judgments of ordinary people.
Because if the above two standards are determined to be "rumors", "this means that the remarks published by citizens on the Internet must be strictly inspected, objective and real, and any news that exists in the facts must not be spread and published." Meng Fanzhuangzhuang. It is difficult to do in the actual situation.
In addition, Meng Fanzhuang also found that when some law enforcement officials identified "fictional facts disrupt social order", they generally did not pay attention to the illegal requirements of "intentional".
For example, in the "He Mou and the Public Security Bureau of Taoyuan County", He Mou published a false speech for three minutes in the WeChat group, and sent a message to indicate that the information just now was false.However, the local public security still punished it in accordance with Article 25 of the Penalty Management Punishment Law.The court of first instance considered this plot and believed that the information released by He Mou did not have the intention of disturbing social order subjectively.Meng Fanzhuang said that from the analysis of Article 25 of my country's Public Security Management Punishment Law, the legislators intend to use "intentional" as a constituent elements that spread rumors to disturb public order.
Because of the three items of Article 25, only the first item specifically emphasized the word "intentional", and there were no "intentional" in the other two items, which reflected the purpose of the legislators.
"Blucking tax on taxes", this word is often used in the case of exaggerated product effects and false propaganda.In daily online remarks, we also need to grasp the scope and scale of bragging. Once we cross the boundaries, it is not tax on taxation, and it is likely to face legal punishment.
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