The Research Of Criminal Law On Fabricating And Spreading Rumors

The rumor is a normal social phenomenon.governing rumors,cracking down on the behavior of fabricating and spreading rumors may use criminal law, but the application of criminal law should keep its own modesty and strictly following the basic principles of statutory crime. On the background of "Double social background", the network rumors through the network of rumors form, the social harmfulness is often brought much more than traditional rumor, through the point-to-point communication mode, the rumors once often through a platform or media immediately spread, convenient, rapid, impossible to guard against. Once the touch of the criminal law should be severely hit the red line. But how will the traditional criminal law applicable to smooth and reasonable social network, how to solve the existing in solving the network rumor accusation system of criminal law. of our country about the rumor short board and Dilemma and how to network rumor has innovation and breakthrough of the judicial interpretation in order to adapt to the "double society" in the new situation is at present to solve the problem.This article carries on the analysis through the collection of typical examples in recent years of rumors, and by referring to relevant communication theory knowledge, the structure and the identification standard of rumors systematically summarizes the basic connotation, with period can get relatively accurate and clear rumors. And then through the method of inspection, literature analysis on the current situation of the crime and Judicial Dilemma rumor into the criminal law system in China is compared with the. Finally, learn from foreign advanced legislative and judicial experience, also consider the "double social" new features under the rumor crime in our country, the two comprehensive consideration and fusion, puts forward the solution system of reasonable regulation rumors, rumor behavior under the background of new.Innovation of this paper include two aspects:one is based on the analysis of composition, rumors identification standard and its tort and the freedom of speech, civil boundaries delineated accurately to clarify the rumors, connotation, and the formation of a clear "rumors circle", for the circle conform to the crime constitution of rumors to combat, for the outer circle or does not constitute a crime shall be protected. The two is based on the network environment, in order to make the traditional criminal charges applicable to the network space of smooth, rational expanding interpretation of some.This paper is divided into four parts:first,the rumor connotation and identification standard, detailed interpretation of the meaning of the rumors,and concludes the clear identification standards; line two,rumors,transfer rumors behavior into the crime regulation, draw reasonable rumors in line in crime and freedom of speech,tort,the rumor crime standard more clear;three,"rumors",combing the accusation system of Judicial Dilemma and network for exploratory explanation, based on the relevant charges related to rumors in China in the criminal law system of carding, analysis of the combat radius, and then summarizes the present law applicable to the plight of rumor charges, charges under the network environment and the traditional rational is to make exploratory explanation. Extraterritorial reference and systematic thinking four,rumors of disposal mode, learn from foreign advanced management experience on how to reasonable rumors, rumors pass rumors, currently regulate our behavior and put forward systematic thinking.