Reaserch On The Legal System Of The Governance Of Internet Rumors In China

In recent years, with the development and the widespread using of network technology,internet rumors problem is increasingly serious. Internet rumors is different from traditional rumor. It has some characteristics, such as anonymizing of the propagation subject, rapidity of propagation speed, wide of propagation range and diversity of propagation mode. So its perniciousness is huger. It not only makes the network environment worse, but also brings a lot of harm to the individual, the society and the country. However, the current laws and regulations of our country have some defects in the governance of Internet rumors. Therefore,under the premise of ensuring freedom of speech,improving the legal system of the governance of internet rumors, is a particularly urgent thing. Based on the basic concept of network rumors, this article introduces the harm of the existence of internet rumors and analyzes the present situation and defects of the legal system of the governance of internet rumors in our country. After the analysis of the experience of the legal governance of internet rumors in other countries, this article draw lessons from it, and put forward some suggestions to improve the legal system of the governance of internet rumors in China.The article has four parts.The first part is an overview of internet rumors. On the basis of elaborating the basic concept of internet rumors, This part analyzes the harm of the existence of internet rumors.There are narrow and broad points about the academic definition of the concept of internet rumors. At present, the academic circles tend to adopt the broad point without negative evaluation. The harmful internet rumors not only affect personal reputation, bring personal economic losses, but also cause social disorder, and even endanger national security.The second part analyzes the current situation of the legal system of the governance of internet rumors in our country. On the basis of analyzing the legal regulation and the supporting system of the governance of internet rumors in our country, the article points out that there are some defects in the governance of internet rumors, whether it is substantive law or procedural law. The effect of network real name system is not evident since it began to implement. Government information publicity system also needs to be improved. Government mainstream websites and the mainstream media are hysteresis.The third part mainly is to draw lessons from the relevant legal experience of the governance of internet rumors in other countries.This part selected four countries to carry out a simple introduction from civil law system and common law system,then draw lessons from the governance experience of these countries. While the law stipulates the responsibility of the internet service provider, it also pays attention to the protection of the network service provider. The law give different punishment to the internet rumor with different hazard degree. In order to control the internet rumors, we can combine with ethical norms and introduce industry association into controlling System. At the same time, pay attention to the government’s power can not be arbitrarily expanded. The network real name system should be carefully implemented.The fourth part puts forward some suggestions on the improvement of the legal system of the governance of internet rumors in our country. To improve the efficiency of the governance of internet rumors,the article puts forward the classification of Internet rumors according to internet rumors’ hazard degree, establish a classification management mode of internet rumors and proposes some corresponding legal advice for the internet rumor with different hazard degree.