Criminal Regulation Of Internet Rumors

In recent years, with the rapid development of the Internet and the quantity of users, the Internet rumors spread unchecked and produce more and more serious damage. It not only causes harm to personal reputation and property, but also disrupt or even destroy the social order national stability. And Internet rumor has characteristics of concealed. It spreads rapidly and has wide audience so that to govern rumors is difficult. This paper in-depth analyses of the network rumors this phenomenon with time characteristics, in cluding of the concept, the causes and the harmfulness of Internet rumors analysis and so on, to get the goal of governance network of rumors in a deeper level. In nowadays, the criminal law system of governance on Internet rumors can work on Internet rumors, while it seems to have some trouble in the process of judicial application, for some network rumors that are serious but not in the criminal law’s scope. This paper based on the theoretical basis of Internet rumors criminal law, the present situation of the criminal law and criminal law regulation proposal paper discusses three aspects, hope in the governance network rumors constitute a crime, to achieve a deeper level.This paper introduces the current system of criminal law the status quo of the governance of Internet rumors crime, including the Internet rumors regulation of the main problems of the crime and the crime system. First of all, introduced the current charges according to the different features into different kinds, including:1. For a specific individual or company network rumors; 2. Internet rumors in view of the partial disrupting public order; 3. In view of the government and the country’s Internet rumors. Then, analyses the shortage of the existing charges system. For example, for the network defamation government behavior cannot be condemned, parts of serious damage to the society cannot be convicted terrorist "false information". Second, law is not clear, poor operability in the judicial practice. Internet rumors of problems, such as in libel, if we take them the same, this can cause substantial injustice. "Projects" in the judicial explanation of "serious" concept, in the practice of the understanding of "public order"controversial, a case of private prosecution evidence collection difficulty, etc. The third, the penalty system is old, the offender of criminal penalties and social risk harm is not consistent, not consistent with the adapted to the crime punishment of criminal law principle.The paper is mainly to network rumors the perfection of criminal law in our country. In a large number of network defamation cases and related laws and regulations at home and abroad, basises on the research and the analysis, I hope the countermeasures of criminal law regulation of network rumors:first of all, from the legislative level analysis,1.Add a breach of the social credit. To destroy the social credit system and the harm of real consequences network rumor behavior with severe criminal law, in order to better play to the role of the criminal law to punish crime. 2.Add seditious libel government crime. This crime criminal object, criminal means and the result of a crime should be strictly restricted, to prevent the infringement of citizens criticism suggests.3.The perfect legal sentence configuration, in order to conform to the crime punishment adapts the principle. Secondly, analysis from the Angle of the judicial level, 1.The Internet rumors of standardization, standardization, to different actors of libel and "object of crime".2.Improve the standard of "serious". 3.Improve the concept of "public order".4.Perfect the investigation right of private prosecutor.