The Research Of Criminal Law Regulation Of Network Rumor Behavior

In today’s society is the information society, and aware of the relevant information is particularly important. However, due to information asymmetry and the degree of information transparency is not high, from open channel for the citizens in our country it is difficult to want to all kinds of information, citizens of licensor are not being met. On the other hand, with the popularity of the Internet, general improvement in the ability of citizens to obtain information, express themselves opinions will also increase subsequently. But the Internet for citizens to express themselves opinions provide convenient, also for the spread of malicious comments and hype open the door to all kinds of bad information. So, in the constitutional right of citizens shall enjoy freedom of speech thought of instigation, part of the motivation is not purely as an excuse, spread the malicious remarks on the Internet, seriously disrupt public order, endangering state security.In practice, by Internet rumor behavior infringe on one legal rights cannot be guaranteed, Internet rumor behavior main body failed to be punished, and the government to a suitable network rumor behavior without the cognizance of the crime, and so on, the imperfect regulation to deal with this kind of problem in the judicial practice has brought many difficulties, therefore, the author thinks that it’ is necessary to put forward a separate network rumor to regulate the new crimes of this new type of crime.Lead with case analysis, this paper first chapter in this paper, by spreading rumors "leather milk powder" incident as the breakthrough point, analyzes its background, context, so as to discuss the case for the legal significance of the research network rumor behavior.The second chapter to the readers and spreading rumors for the network behavior, and analyzes its characteristics. And then to define network rumor behavior, then carries on the classification. This chapter also introduces the network rumor behavior appears the social root, because the law as a social science, will ultimately return to the society.The third chapter started to discuss the existing legislation on Internet rumor behavior regulation of a series of problems. Including network rumor behavior regulation, analysis of the current situation of China’s criminal law in the value, orientation of regulation network rumor behavior analysis, and the shortcomings of China’s criminal law on Internet rumor behavior regulation, which leads to the fourth chapter.The fourth chapter discussing network rumor behavior into the criminal law regulation within the scope of the necessity and feasibility of respectively from the recent development status of both at home and abroad and a point of discussion. Echo paper topics at the same time, discuss the abnormal of criminal law regulation network rumor behavior.The fifth chapter put forward by the author according to the third chapter, the fourth chapter, which correspond to this paper puts forward the ideas of disinformation about adding network crime, perfect the criminal law on Internet rumor behavior regulation, and criminal law in the legal system of regulating network rumor positioning, etc., to finally expounded how to network rumor behavior into the criminal law regulation possibilities within the range.