The Dilemma And Outlet Of The Network Rumors Crime In The Judicial Application

With the fast development of the modern society, it has not only promoted the level of people’s life rapidly, but also pushed the rapid development and updated of the information technology. The emergence and development of the Internet is the development trend of modern times and the inevitability of the history. But everything has two sides, and the Internet also has no exception. People not only enjoy the advantages brought by the Internet, but also are harmed by the invasion of the personality dignity and the privacy even the harm of the network crime, in which the network rumor is one of the products that the Internet breeds. It can be said that the network rumors behavior has increasingly become a social nuisance, and gradually developed into a crime with a variety of behavior performance which has great social harmfulness. In this regard, many countries in the world have promulgated numerous laws and regulations and become a large number of cases in the judicial practice, which have formed a relatively complete legal system in the fight against Internet rumors crime. In China, due to not paying attention to the supervision of the Internet in the long-term, and the lack of the empirical assessment research in the Internet crime, which makes our country have many imperfect aspects that needs to be refined in the legal regulation of the Internet crime, and this also resulted many disputes and confusion that need to be solved in such cases in the judicial practice. This article is based on the current situation of the network rumors cases occurred in China in recent years, and combined with the specific provisions relating to the network rumors crime in China’s criminal law and the relevant judicial interpretations, and referred to the governance mode of the network rumors in many countries of the world to analyze the dilemmas of the network rumors crime in our country in the criminal judicial application, and then put forward to judicial countermeasures to solve the various of dilemmas that makes the network rumors crime more understanding and thinking deeply. The article is divided into six chapters. The first chapter is the introduction that mainly discusses the origin of thenetwork rumors crime to put forward the problems; The second chapter makes a reviewing summary of the basic content of Internet rumors, and it is mainly to make a concrete analysis of the concept, characteristics, origin of Internet rumors; The third chapter is combined with the Internet rumors cases of our country in recent years to sum up the situation of the network rumors crime at the present stage, and then elaborates the crime law problems which is triggered by the network rumors crime; The fourth chapter is mainly based on the criminal law of our country and the specific provisions relating to the network rumors crime in the judicial interpretation of the network defamation, and combined with the present situation of the network rumors crime to sort out different kinds of problems appeared in the network rumors crime in our criminal justice system; The fifth chapter is mainly to make a brief summary about the governance mode of the network rumors crime in the foreign to make a reference for the outlet of the network rumors crime in the judicial application in our country; The sixth chapter is mainly in the light of the criminal judicial applicable plight in the network rumors crime in our country sorted out by the forth chapter, and combined with the extraterritorial governance mode in the fifth chapter to put forward the outlet in the judicial application about the network rumors crime; The seventh chapter is the conclusion and the prospect.