Statutory Elements of Offense of Spreading Rumors about Epidemic Communicable Diseases
Paragraph 63 of Law on the Control of Communicable Diseases is a stipulation of the offense of spreading rumors about epidemic communicable diseases. It was amended on 19 June 2019, and the maximum limit of fines was raised. There are still very few cases related to this crime in practice. The statutory elements of this crime can be interpreted into two parts, one statutory element of offense is conduct requirement – “spreading rumors or disinformation about the epidemic communicable diseases,” and the other statutory element of offense is result fulfillment – “sufficient to generate damage to the public or others.” However, this conduct requirement has uncertain legal concepts, and the result fulfillment also need judiciary to introduce the relatively clear standard, in order to ensure the certain degree of legal stability.