Criminal Law Regulation Of Network Rumor Crime

Internet crime is accompanied by the rapid development of Internet technology and a new type of crime,network rumors of crime is one of the typical representatives.Because the network rumors are different from the traditional rumors,which have its own unique chara cteristics,the harm of society and the country that caused by itself is also more obvious.Although there are relevant legislation in China,there are still inadequate management s of the rumors of the network.So the urgent need to protect the freedom of speech under the premise of improving the legal regulati on of network rumors.This paper first based on the concept of "rumor" and "crime",combi ned with the "network" in the network rumors crime,and defined on the network rumors.Secondly,according to the concept of network rumors,combined with the reality analysis of the dangers of network rumors,pointing out the reason why criminal law must regulate network rumors.And then this article also elaborated the most prominent crimes of the network rumors — fabricating and disseminating false information and the crime's legislative backgrounds,inadequate and suggestions.At the last,this paper pointed the "Criminal Law of t he People's Republic of China",the relevant judicial interpretation,"the People's Republic of China Criminal Law Amendment(Nine)" have some defect of regulation on the network rumors,that is,the subject of behavior to be improved,some legal benefits cannot be fully protected,the lack of new judicial interpretation.Finally,according to these problems,this paper puts forward tha t we should complete the criminal law regulation of network rumors,and on the basis of the principle s of substantive malice,the implementation of public right and the citizens' expression of freedom,and the principle of compulsion for criminal law.At t he same time,in order to better improve the current legislative provisions,it may be appropriate to expand the crime 's subjects,especially units and other collective groups of the relevant crimes;Secondly,in the terms of the enumeration,it is appropriate to add pocket words,in order to prevent the phenomenon when the similar crime occur there is not law to follow;Finally,the judiciary should be timely formulated judicial interpretation to adapt the new charges and to clarify its application.