Disrupt the morale of the army in wartime

(1) Object Elements The object of this crime is propaganda of public opinion order in wartime. Stimulating the fighting spirit of officers and men in wartime and maintaining the high morale of the troops are important conditions for winning the battle and an important task of our military's political work. The behavior of spreading rumors to confuse people and disturb the morale of the army in wartime deviates from the citizens' national defense obligations stipulated in the national defense law and the basic principles of China's political work, which dampens the morale of the army, seriously hinders the operation and harms the national defense interests. The object of this crime is a soldier. (II) Objective Elements This crime is objectively manifested as the behavior of the actor spreading rumors to confuse the audience and shake the morale of the army in wartime. The so-called spreading rumors and confusing people refers to the act of fabricating non-existent facts or deliberately distorting and exaggerating the truth and spreading it in the army. The so-called disturbing the morale of the army means that soldiers are confused and deceived, do not know the truth, produce fear, war-weariness and terror, disturb the soldiers' psychology, make them uneasy and demoralized, and seriously affect the implementation of military orders and actions. For example, exaggerating the strength of the enemy or the performance of weapons and equipment; Fabricating the facts of the enemy's environmental assistance; Fabricate our failures, heavy casualties and military difficulties; Rumor that our army does not cooperate or refuses to carry out orders; Exaggerate the combat effectiveness and lethality of enemy weapons and belittle the performance of our weapons; Flatter enemy leaders and belittle our military leaders; Speak out for the cruelty of war; And so on, thus shaking the morale of the army. As for its way, some of them are fabricated and circulated by themselves; Some are still spreading because they know that this is a rumor; Some use information, propaganda, slogans, speeches, reports, television, movies, videos and so on. Publicly spread rumors; Others use letters, leaflets, slogans, books, manuscripts, etc. Spread rumors; By analogy, as long as its contents are fabricated and distributed to unspecified soldiers in wartime, which is enough to disturb the morale of the army, it can constitute this crime. Disturbing the morale of the army is both the result and the purpose here. The perpetrator intentionally disturbs the morale of the army and spreads rumors to confuse people in wartime, which can constitute this crime. Although there is behavior, it is not enough to disturb the morale of the army and does not constitute this crime. For example, a soldier's mother is dying, although it may affect the soldier's psychology, but it will not endanger the stability of the military, so it cannot be punished as this crime. If the perpetrator fabricates rumors based on the intention of committing crimes such as espionage, defection to the enemy, armed rebellion, armed riot and inciting soldiers to flee from the army, which confuses the audience and disturbs the morale of the army, he shall be punished as an implicated offender with a felony. (III) Subject Elements The subject of this crime is the general subject, that is, any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can become the subject of this crime. (4) Subjective elements This crime has direct intention in the subjective aspect. That is, the actor knows that what he said is false, which will disturb the morale of the army and disintegrate the fighting spirit, and still publicize and spread it. Some of its motives are fear and boredom of fighting, misleading people through rumors to avoid fighting; Some people are criticized, punished or rewarded for not evaluating their achievements, and mislead people through rumors to vent their anger and revenge.

Legal objectivity:

(1) The key to distinguish crime from non-crime lies in grasping the following points: (1) Whether or not the act of fabricating facts has been carried out. If you don't fabricate facts, but spread real information about our army, even if you disturb the morale of the army, you can't be punished for this crime. If the dissemination of relevant military secrets, such as the number of casualties of our army and the defeat of the campaign, constitutes a crime, it should be punished as intentional (negligent) disclosure of state secrets, while soldiers should be punished as intentional (negligent) disclosure of military secrets. (2) Whether or not to spread the facts that are unfavorable to soldiers, although there are acts of fabricating facts, they are only spread among a few relatives and friends, and in order to show knowledge, they have not actually publicized and spread them to the troops, so they should not be punished for this crime. (3) Whether it was fabricated or spread in wartime. Not in wartime, but in peacetime, although some facts have been fabricated, such as fabricating that army chiefs are partial to personal interests, violating laws and regulations in terms of resettlement, joining the party, promoting cadres, raising wages, etc., resulting in floating people's hearts and unstable military morale, it cannot be punished as this crime because it has nothing to do with operational interests. (4) Whether the rumor content is enough to disturb the morale of the army. (2) Distinguish between this crime and the crime of deliberately providing false information about the enemy in wartime; Both of them are intentional subjectively and provide false facts to others in wartime objectively. The difference is that (1) involves different contents. The fabricated facts of this crime can be about the enemy or about us. The latter's behavior can only be a false enemy situation. (2) The objects of diffusion are different. The object of this crime is unspecified soldiers; The latter is generally provided to specific armed forces organs, heads or personnel who specialize in collecting information. (3) The requirements for the results are different. This crime belongs to behavioral crime, as long as the perpetrator carries out the act of spreading rumors and confusing people, as long as it is enough to disturb the morale of the army, it can constitute this crime and be accomplished; The latter is a consequential crime, and only the act of providing false information about the enemy has caused serious practical consequences can constitute its crime. If the perpetrator fabricates false information about the enemy, which is not only provided to the armed forces, but also distributed to unspecified people, thus disturbing the morale of the army, it is advisable to treat the implicated offender as a felony instead of combining the two crimes.