Internet-based Rumor And Regulation Of Criminal Law

Rumor always exist since ancient times, it refers to the fact that no basis. Internet-based rumor which determined that rumor of traditional deformable body, rumor comes from network rumor to publish and spread through the network platform, because of the Internet-based rumor has various characteristics such as circulating rumor rapidly, covering widely, wide range of channels and the rumor anonymity which resulted network rumor jeopardized public security. The main reasons of the formation of Internet-based rumor included the development of technology and ubiquitous; increasing numbers of Internet-based rumor mongers and disseminators; in order to seek a variety of interests and the public attitude leads to Internet-based rumor breeding and spreading and the Internet supervision is not in place and the lack of Internet-based rumor of laws and regulations. These Internet-based rumor seriously endanger public order, especially endangered the national image, security, individuals and enterprises.Generally, China use of criminal laws to regulate the Internet-based rumor, not only rely on the criminal laws to regulate the pocket count but also promulgate judicial interpretation to regulate specific issues related of Internet-based rumor. Specific charges for calumny, harm the commercial prestige and reputation of goods, etc. Anglo-American Legal System countries had carried out comprehensive criminal legislation on the illegal behavior of the Internet-based rumor. However, it pay more attention to regulate network rumors specific from the judicial practice compared to the Continental Legal System countries. To fight against Internet-based rumor crime, Continental Legal System countries mainly to regulate the network rumors in the traditional criminal acts of defamation. Continental legal system countries tend to punish the network defamation behaviors.There are still many defects on rules and regulation of Internet-based rumor of criminal law. For example: narrow scope of rules and regulation, problems of penalty configuration unreasonable and rumors on the Internet libel behavior prosecution unreasonable. Based on the above, this paper determined that it should consummate the rules and regulation of network rumor from the aspects of expanding the scope of punishment, increasing the scope of legal punishment, increasing the punishment and improving the contentious procedure.