Criminal Regulation Of Internet Rumour

With the advent of the informational era, the internet, as a modern high-techrepresentative, is tantamount a double-edge sword. It can facilitate people’s daily life, while atthe same time, will bring a series of problems. When the rumor hits the internet, they willinevitably produce a new kinds of rumor, that is the Network Rumor. In recent years, due tothe explosive growth of the internet and the surge of the internet population, there arenumerous cases using the net to commit the crimes. Meanwhile, the network rumor shows atendency of widely spreading, and this tendency intensified over time. Criminal law, as thelast and most powerful means to maintain the social order, should timely intervene in order toearnestly safeguard the security and order of the network society.This article, with distinct logic relationship, is about30,000words, and divided into fourparts. Specifically:The first part is mainly a overview of the network rumor, including the definition of thenetwork rumor, which focuses on the characteristics and types of network rumor, causes andharm. By defining rumor elicits the concept of network rumor, and on this basis, the authorsummarizes some new features of the information age, then comes to the result that thespecific structure of the network rumor can be divided into five types. A clear understandingof the causes and harm of the network rumor not only allows us to pay more attention to thisproblem, but also to grasp the rules of the network rumor in order to better and more targetedimplement the measures.The second part is about the current situation of the inside and outside regulation of thenetwork rumor. Due to the earlier governance of the network rumor of the Anglo-Americanand other developed countries compared with our country, the author firstly introduce theextraterritorial legislation statue of network rumor, in order to learn from these countries.Compared with foreign countries, this article describes the charge system regarding to thesanction of network rumor in Chinese Criminal Law, as the same time, paves the way for thefollowing explanation.The third part is the practical difficulties of the criminal regulating the network rumor,which mainly discuss the deficiencies about the Chinese criminal law charge system inregulating the network rumor. More specifically, it includes six parts, respectively that is, limitthe conflict between Internet rumors and protecting freedom of expression, the problems arising out of acts of identifying the defamation of government agencies, the dilemma ofregulating the commercial defamation, fabricated or deliberately spreading the unknown partof the judicial interpretation of false terrorist information, the disputes about the recognitionof the "public places" and “public order” in the Information Era and the confirmation of thecriminal jurisdiction.The forth part is the responding measures of the above-mentioned plight. Firstly, definethe border of Internet rumors and freedom of speech. Secondly, how to govern thegovernmental defamation.Thirdly, the author thinks the legislator should amend the“damaging business credit or commodity reputation crime”.Fourthly, the exploratoryexplanation to the “public places” and “public order”. Fifthly, right analysis of the juridicalinterpretation of false terrorist information. Sixth, how to conform the places of the criminalbehaviors and criminal results.