The Dilemma And Perfection On Criminal Law Regulation Of Internet Rumor

Benefited from nowadays developed internet technology, we enjoy modern life by the rapid dissemination of information but also suffer from internet rumor attack. From the ’maggot orange affair’ in Sichuan,2008 to’Malaysia flight disappearances’ in 2014, social medias like Weibo and Wechat are abused by some web hypers to willfully fabricate and spread internet rumors which continue to tense the public sentiment. Though’ official media always report the hazards and preventive measures of it, it never stops. Internet rumors include fake political problems, false social issues and personal defamation. Rumor should stopped by law not only by wise. It is necessary for legislation of combating internet rumor. In this case, Supreme People’s Court Supreme People’s Procuratorate Interpretation on Several Issues in the Application of Law When Handling Criminal Cases of internet defamation has been published on September 9, 2013. Looking through the entire<Criminal Law> and the Interpretation, there is still some difficulties in criminal law regulation of internet rumor. In this paper we will analyze the situation and statement suggestions to complete the existing law, in order to enhance the criminal regulation of internet rumor in out nation.The rest of this paper is organized as 5 Chapters.First chapter. Introduces the purpose and significance of the subject, as well as the status of domestic-related research.Chapter II is an introduction to internet rumor, starts from the definition of it, analyzes the characteristic of internet rumor.Chapter III introduces the accusations in our national Criminal Law of internet rumor, and analyzes the criminal justice dilemma of regulating internet rumor in our country. There are three aspects of problems. First, it is difficult to distinguish internet rumor from freedom.of expression. Freedom of expression is a constitution right of citizens and the regulation of internet rumor is in an emergency. Second is lack of scientific conviction and sentencing standards, the judgement based on number of forwards, "business class" internet rumor and defamation private, e.g. are not satisfactory. Also has incompatibility of term of imprisonment and crime situation. Third, traditional Criminal Law and internet rumor regulaiton is not completely compatible. Traditional technical expressions can not cover the new internet words, the statements of some criminal status are not clear.The fourth Chapter introduces the criminal law regulation of internet rumor of other countries and the enlightenment to us. First, United States, German and other countries’provisions of internet rumor in Criminal Law is introduced. Then we conclude the experlence and the inspiration of our Law Establish.The fifth Chapter is the proposals for improving internet rumor criminal law regulation of our criminal justice. First, internet rumor regulation should adhere to the principle of legality and keep the tolerance of Criminal Law. Secondly, rightly remedy should depend on well distinguishing between their criminal behavior for different subjects. Furthermore, the further improvement of governance of cyber crime and prisoning is necessary. Finally, proper update of traditional criminal law to compatible with the regulation of internet rumor is needed.