On The Criminal Regulation Of Network False Information

False information, refers to the dissemination and the facts with the help of the Internet technology and network media news. In recent years, the rapid development of the Internet and the number of Internet users in the gradually increasing at the same time, the network also began to spread false information, and become more and more serious. By means of false information against the reputation of others, there is confusion and destruction of public order and social stability, also make unfair commercial competition and so on. A large number of network of false information, serious pollution of environment, challenges the mainstream social values, easy to cause the moral landslide. This paper carries on comparative analysis of false i nformation network, expounds the concept, characteristics, types, causes and negative effects, and provide a theoretical basis for the governance in order to false information network. China’s current criminal law provides a legal basis for the criminal la w relatively complete regulation of false information network, but because of the special nature and variability of network communication, the network of false information with the same social harmfulness to be "poor", unable to enter the combat radius of the criminal law, the judicial organs into all kinds of difficulties in law enforcement. These problems can be through the establishment of the basic principle, to define the related concepts, expand the main responsibility for legislative design can be solved, in order to combat false information network and the protection of citizens the right to freedom of expression of both the objective.This paper is about more than 3 words, consists of three chapters. The first chapter is an overview of the network o f false information, mainly uses the method of comparative analysis of the difference between the network and the network rumors and false information, put forward the concept and characteristics of false information on the internet. Then, summarized the c auses of false information on the Internet, type, and fully discusses the necessity to restrict the freedom of speech. Part of the above basic theory has made the upholstery for the later, has a certain theoretical significance. The second part is the analysis of the main charges of false information on the Internet is involved, including the crime of defamation, disturb the crime, damage to business reputation, product reputation crime, fabricate, spreading false terrorist information crime four crimes. This is actually part of the cross network of false information crime and the above four kinds of crime, a variety of difficulties encountered, mainly from the aspects of the characteristics of the new criminal theory and judicial practice related disputes i s discussed in this paper. "Two high" made it clear that the judicial interpretation of criminal regulation on false information network, but due to the emerging network dissemination, has its own particularity and complexity, still relevant concept is not clear, the standard is not unified, the punishment does not adapt to the problems of governance, justice and the network of false information. The third part is mainly aimed at the problems in the second part puts forward practical suggestions. Mainly includes three aspects, one is to insist on substantia l malicious principle, the principle of substantial harm, the principle of distinction of public and private areas; two is to further explain the "false information", "public", "public order", "malicious" and other related concepts, improve the criminal re gulation network libel and disturb the crime of the network; the three is to modify the legal punishment in the relevant charges, two recommendations from the criminal and prison, to contain false information crime; the four is from the angle of subject of criminal responsibility, criminal responsibility of the network service provider and supervisor clearly, establish a strict information supervision mechanism.