Problems And Solutions Of Criminal Regulation About The Crime Of Internet Rumors

The revolution of new science and technology has brought the rapiddevelopment of network space. Network space, with its huge the rapidity ofinformation transmission speed and quantity of the cover, and the regional broadspread increasingly, has become an important space of people’s activities. With thedevelopment of network space, the crime which is the social disease makes its wayinto network space, and increasingly rampant crime of internet rumors is one of themain representatives recently. The crime of internet rumors not only seriouslydisrupts the normal order of the network space, but also disrupts the traditionalrealistic space of public order, which will cause serious damage, even harm the stateinterests and the legitimate rights and interests of others. To study the Internet rumorscrime, identify the current criminal law regulation of Internet rumors crime problem,find out the strategies to solve the problem, can better realize the criminal law on thecrime of governance network rumor, embodies the modesty of criminal law,safeguard the citizen’s freedom of expression rights, so as to achieve the normal orderof effective prevention of crime and the maintenance of the network of Internetrumors the aim of space and realistic space.At present there is not definition of the crime of internet rumors in the criminallaw of China, academia has not on Internet rumors crime through concept, but basedon the "rumor" and "crime" concept, with "special important role in network" Internetrumors of crime in the crime of network rumor, can make a reasonable definition.Research on the crime of internet rumors, the particularity of the crime of internetrumors is very important. The network spacehas decisive significance for theestablishment of the crime of internet rumor, network spaceis openness, cyberspacevirtual, interactive, information dissemination speed, range and other features basedon the crime of internet rumorsalso has its own different from traditional space in the"rumor" characteristics of the crime, particularity, namely network rumor crimeactivities include: concealment, purpose, diversity, spread fast and low cost. Research on these particularities of the crime of internet rumors, can provide an importantreference for the future of China’s criminal law created exclusive crime punishnetwork rumor crime.There are three aspects of Internet rumors can be used to punish such criminalnorms, firstly, is the laws and regulations on freedom of expression and the rules ofthe restrictions on freedom of expression, on the one hand, is the criminal law inChina can be applied to Internet rumors, the relevant provisions of the crime is on theone hand, is our country on the crime of Internet rumors of related judicialinterpretation, and to the supreme people’s court, the supreme people’s procuratorateon libel to deal with the use of information network and other criminal cases toexplain some issues of applicable law. China’s "criminal law" and relevant judicialexplanation in terms of regulating Internet rumors crime has formed the basic systemof rules, but the system is still weak, many problems still exist, there is no regulationnetwork rumors the crime’s exclusive, and a case of private prosecution is hard to geteffective treatment, involving the Internet rumors set criminal punishment is also notvery reasonable, and projects for the "explanation" issued by the Internet rumorscrime crime on the Internet rumors as stir-up-trouble crime has violated the relevantprovisions of the principle of legality and the suspicion of tolerance sex in criminallaw, easy to cause the breadth of the criminal law in network space expansion of theserious consequences, therefore, the regulation is controversial. Based on theseproblems, we should combine the judicial practice in some specific cases, analyzenetwork rumors crime harm to the state, society and individual, In fully understandthe necessity of regulating Internet rumors crime criminal law, on the basis ofdetermining governance network of rumors in our criminal law should stick to thebasic position of crime, protect our citizens freedom of speech, adhere to the principleof the tolerance of sex in the criminal law, further consummates our country criminallaw regulation of Internet rumors crime.