Research On Legal Issues Of Network Rumor Crime

Network rumor refers to the network entity in the network, express their explanations or interpretations to the uncertain events and problems, and published spread on the network. Internet rumors have spread faster, hidden strong, more destructive, negative effect is very difficult to eliminate, indirect discrimination network rumors and hysteresis characteristics. According to the source of the rumor, can be divided into intentional and unintentional false rumors of rumors. Based on rumors lead to harmful and harmless gossip rumors can be divided into.Divided according to the rumors of the content, but also can be divided into the network politics rumor, rumor network disaster,terror network rumor, network crime,rumor network rumors of food and product safety and personal network rumors rumor event. Internet rumors against the interests of the individual, disturbs social order, a threat to national security.China’s criminal law regulation of Internet rumors criminal charges involved are: to incite secession; inciting subversion of state power; damage to business reputation, product reputation crime; fabricating and disseminating false information of securities, futures crime;crime of insult and defamation; fabricate and deliberately spreading false terrorist information crime of affray crime of disrupting the spread rumors to mislead people; military crime;crime of war spread rumors to mislead people. In addition, being discussed in the "criminal law amendment(nine)"(Draft) and the addition of fabricating, spreading false information crime. Two high "interpretation" of the characteristics and the social harmfulness of network communication based on rumor, from various manufacturing, network rumors and communication and other aspects of the regulation, and a corresponding punishment. The applicable conditions of the network defamation, disturb other illegal acts, to make clear definition of some legal ambiguities, practical strong guidance.In today’s world, USA has the most mature and efficient internet monitoring and control measures, American law, for all people, even if they don’t know or are difficult to verify the name of the victim of slander, may also bring a lawsuit to the court. Germany is the first one around the world release network statute law countries. The German government attaches great importance to the network supervision, do not think that the government should give up on Internet use restriction. French law stipulates: harm national security, to incite social unrest, incitement to racial discrimination, damage the reputation of others, infringement of privacy, encourage and promote social morality, false advertising behavior should be subject to legal sanctions. The British at the government level legislation and take actions and technical measures to prevent harmful information including network rumors, publish, and set up the Citizens Advice Bureau in each community, to answer public doubts, reform from the bottom of the social problems.At the same time, vigorously promote and implement the network self-discipline.Study the prevention and control of network rumor of America,German, France and Britain, the enlightenment to our country including the construction of legal system, governing according to law.Advocate for industry self-regulation, corporate governance network. Promote information disclosure, the channel flow.Our country should further improve the legal regulation of network rumors crime. In the legislation to further increase the criminal penalties, expand the regulation of network rumors crime charges applicable scope, the establishment of Internet defamation private prose cut on prosecution mechanism, improve the legal punishment. Construction of network management mechanism of legal system, the establishment of specialized regulatory agencies, strict censorship and control of the Internet media, relying on science and technology, improve the prevention and control system, improve the implementation of the network real name system,perfect the system of prosecution. At the same time, together with other measures, including perfecting the information disclosure, advocating self-discipline and strengthen self-discipline.