The Administrative Responsibility Of Network Rumors

Along with the popularization of the network technology and the online interactive platform in the continuous development update, the Internet has become the important infrastructure of China’s economic and social operation and the emerging media with huge influence. Network freedom of speech, as a new kind than those original, presents the prosperous state and meanwhile breeds and spreads all kinds of rumors, disturbing the social order, damaging the social credit, and even causing social panic. Facing the contradict of "prosperity with worry" and "freedom with disorder", it’s a major issue for us to set the border of free speech and improve the law and regulations on network rumors, thus we can ensure the healthy and orderly development of the network free speech.At present the laws and regulations in China on freedom of speech, especially the online one, haven’t formed a perfect legal system yet, lack of scientific nature and operability. This situation is beneficial neither to safeguard citizens’ freedom of speech nor to the effective regulation on network illegal activities, even with regard to protection of public interests.Focused on China’s administrative responsibility system on online rumors, and based on administrative law theory, this paper compares various theories on freedom of speech and Internet regulation, analyses and puts forward my opinions on how to build a legal framework of administrative responsibility on network rumors. This paper is divided into four chapters:The first chapter discusses the value of free speech and social harmfulness of network rumors. Mainly explains the concept and value of freedom of speech, the concept, characteristics, types, causes and real harmfulness of network rumors.The second chapter analyses administrative responsibility constitution of network rumor. Explains both theory and practice on related freedom of speech, teases out principles and methods of anti-network rumor law regulation in the comparison, thus analyses the legal liability species, especially the constitutive requirements of administrative responsibility.The third chapter analyses the administrative responsibility distribution, including network rumor fabricator and disseminator, participants and network management.The fourth chapter is a comprehensive analysis on the situation and problems of administrative responsibility system on network rumors in China. Mainly explains in four aspects to improve the system:clear legislation jurisdiction, specific responsibi-lity-bearing conditions, stipulated laws and regulations, and perfect power restriction and remedy mechanism.