The Criminal Regulation Of The Dissimilation Of Network Public Relations

With the speeding development of modern network technology, Internet has already covered each corner of people’s life by smart phone and computer. People get lots of benefits from Internet, meanwhile some new problems arise, of which is the dissimilation of network public relations.Online public relations is the network as a platform of interaction with the audience to achieve a dialogue between the audience and the brand, communication and exchange.The concept originated in the United States, and was introduced into our country at the end of the twentieth century. The network public relations developed rapidly, but due to the interests of the drive, flaws in law and lack of regulation, the development of online public relations deviated from the normal track. This kind of behavior is the dissimilation of network public relations. It has three kinds of performance: the behavior of paying to delete information, improper marketing, and network attack. The dissimilation of network public relations infringed the right to know of consumers, the fair competition between the enterprises, and the benign development of public relations industry. So these behaviors are in urgent need of legal regulation.The criminal law has relevant provisions to regulate the dissimilation of network public relations. But some provisions are unreasonable. For example, these behaviors are convicted for the crime of illegal business operations. But these behaviors aren’t illegal business operations through the analysis of the object and the objective behavior. The paper is in-depth analysis of the dissimilation of network public relations, in order to find the problems in criminal law. Through the object, objective aspect to discuss whether the provisions are reasonable, and finally come to the conclusion that regulation is not reasonable. First of all, the illegal business operations are a violation of the order of market access. However, deleting information and publishing false information don’t need the administrative licensing. Second, the regulation is the interpretation of the miscellaneous provisions. The behaviors that meet the miscellaneous provisions need to satisfy several conditions by using the method of the same explanation to explain the provisions. But the behaviors of the dissimilation of network public relations don’t meet the conditions. So the behaviors of the dissimilation of network public relations aren’t illegal business operations.Due to the various behaviors and different violations of consequences, the dissimilation of network public relations may involve multiple charges. For example, paying to delete the information has two different ways, and each way break different charges, and improper marketing may break the crime of false advertisement, and network attack may break the crime of damaging commodity reputation. Some of the charges have problems in the application of the criminal law. The paper will analyze how to use the criminal law to regulate the dissimilation of network public relations, the possible problems in the process of judicial cognizance and how to solve these problems.