Criminal Determination Of Network Rumor

In the context of information society, people’s daily life has already been inseparable from network. While network provides people with convenience, it becomes a powerful criminal tool. Network rumor is intensifying so it is essential to analyzing and determining network rumor with the Criminal Law when it reaches the extent of crime. Although some scholars did fully research on network defamation, academic research on network rumor is still less after the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Specific Application of Law in the Handling of Defamation through Information Networks and Other Criminal Cases came into force on September 10, 2013. The author tries to sort out network defamation and network picking fights and troubles from network rumor and puts forward her own views and opinions on the controversial issues.The thesis begins with the Qin Huohuo case. Besides the introduction and conclusion, the main body is divided into three parts.The first part is the general introduction of network rumor. It briefly introduces the concept and characters of network rumor. On analysis of the “network + rumor” combination, network rumor has four features: I it spreads fast and wide; II it is low cost and threshold; III it is far-reaching and difficult to completely eliminate the negative impact in a short time; IV people can’t differentiate true information from false one and are interested in spreading them. At the same time, the author tries to distinguish free speech from network rumor. Freedom of speech is not the excuse of speak without any inhibitions online. When citizens fully express their wishes, they’re also restricted to social order and morality. Freedom of speech requires legal regulation on network rumor. In the current legal system, network rumor may violate different legislations and cause different legal liabilities.The second part is about network defamation. Two elements, “fabricated facts” and “serious circumstance” are analyzed by the new interpretation and the Criminal Law. There are three acts named fabricated facts in network defamation. The latter two acts—“falsifying the original information and spreading it” and “knowingly spreading the facts fabricated and the circumstances are execrable” are expanding explanations of fabricated facts but meet the objective needs of using the Criminal Law struggle with network rumor. On analysis of the element “a serious circumstance”, the author thinks the hot standard—the standard of clicking, browsing or forwarding times is reasonable and practicable. In addition, on analysis of “seriously undermined social order or the state’s interests”, this prosecution requirement is still too abstract though the interpretation divides it into seven specific circumstances. For example, the keyword “public order” is abstract and should be limited in order to avoid being abused.The third part is about network picking fights and troubles. There are two types of network picking fights and troubles. One is reviling or intimidating another person through an information network. The other is making trouble on an information network. In the former type, network is one of the methods to revile or intimidate another person. The relevant interpretation doesn’t exceed the limits of the Criminal Law. In contrast, it is in line with the principle of nulla poena sine lege and is a suitable expanding explanation of cyber crimes at the present stage. In the latter type, it is a problem to convict the crime of picking fights and troubles. The author considers that cyberspace can be deemed as a public place. It is a practical need to deem cyberspace as a public place but it is an expansion with no reason to replace public place order by public order. Therefore, causing serious public disorder must be limited in real society.In the conclusion, the main points are summarized. There are still some areas for improvement in the determination of network rumor. As a result, Network Real-name System is the important key to regulating network rumor.