The Study On Internet Rumors Regulation Of Criminal Law

With the help of micro-blog and dissemination of new media, the network rumors are becoming more and more widespread. It not only is a serious shock to national unity and stability, And the destruction of the social order, affect social harmony, infringe upon the legitimate rights. How to effectively crack down on Internet rumors crime has become a major problem which we face.Based on the connotation、causes and social harm of network rumor, combination the new judicial interpretation about regulation of Internet rumors crime, This paper analysis the existing problems in the two aspects of legislation and judicial practice of criminal law regulation of Internet rumors crime in our country, Put forward to improve the legislation and strengthen the judicial practice of the specific reform measures.The structure of this paper is complete, logically, in addition to the introduction and conclusion, includes the following four parts:The first part: the overview of criminal law regulation of Internet rumors. First of all, define the network rumors, analysis of the connotation of the freedom of speech, freedom of speech is not the absolute freedom, freedom of expression can not violate the legitimate rights of the state, society and others, Or you will be punished by law. A clear distinction between the freedom of speech and the network rumor is a prerequisite for accurate against Internet rumors, to avoid infringing the right to freedom of expression. Secondly, from the social background、the development of the network technology, moral and other aspects of the causes of Internet rumors on the network analysis; Finally, put forward some Internet rumors will seriously jeopardize the interests of the state, social order and the legitimate rights of the individual, must be regulated by the criminal law.The second part: the status quo and difficulties of Chinese Criminal law regulation of the Internet rumors. First of all, Clearing up China’s current "criminal law" and the relevant judicial interpretations, especially the relevant provisions of the 2013 on the network rumors of judicial interpretation, The legislative status quo of Chinese criminal law of Internet rumors is analyzed from the criminal charges, charges for application and arrangement of the statutory punishment and so on, and the judicial practice of the crime against Internet rumors are described; Secondly, on the basis of the status quo of legislation and judicial practice, find that the current major dilemma facing the regulation of Internet rumors, The legislative level of the network rumors that standard is not clear, commercial slander and defamation government departments lack of legislation, "public order" and "public" that is unknown, the network crime jurisdiction is difficult to determine the network defamation, the standard fuzzy and punish network rumor on the existing statutory penalty allocation is not reasonable etc., Existence of filing standard fuzzy, filing difficult, difficult to judge the results of investigation and evidence collection, confusion, not unified and so on questions in the judicial practice, which need to be solved urgently.The third part: the main foreign countries criminal law of Internet rumors and Its Enlightenment to china. Firstly, the system and measures of some major countries, America, UK, Germany and Japan’s criminal law regulation of Internet rumors were studied, and the successful practices are summarized; Secondly, the Enlightenment of our country, provide a very good reference for the perfection of the system of our country.The fourth part: the perfection of criminal regulation of Internet rumors. This part focuses on the dilemma of the legislation and judicial practice from two aspects we face in the second part: The legislative level, the system of charges for Internet rumors to enrich our crime, accurately identified the "public order" and "public", the correct interpretation of false terrorist information, libel provisions to perfect the commercial crimes, proposes a method for determining the jurisdiction of cyber crime, clear boundaries division of the network defamation of public prosecution and private prosecution cases, To improve two aspects from the criminal and prison, the rational allocation of existing crime legal punishment, In order to improve the charge system in our country criminal law sanctions network rumor; judicial practice, filing standards, professional construction team, to solve the hard evidence and other issues clearly, to enhance the quality of judges, the strict application of the law, In the fight against Internet rumors crime better, safeguard the legitimate rights and interests of the interests of the state, society and the broad masses of the people.