On The Legislation Of Network Rumors

There has been rumor-mongering from time immemorial, thus the traditional criminal laws made legislative regulation on rumor-mongering. However., traditional rumor-mongering has changed as time goes on. With the development of virtual technology, people are more and more depending on the Internet. The way of spreading rumors has been changed from word of mouth to the Internet via interactive platform. The social harms created by Internet rumors perplexes the entire society, such as Rob Salt Affair, Hydrolyzed Leather, Youngxiuyu.Qin Huohuo, etc. The rumor mongers take advantages of the Internet platform to fabricate and spread fake information, which perplexes the entire society. There is no doubt that the society should promote various regulation measures simultaneously to stipulate rumor-mongering. Criminal sanctions are of the essence among all the regulation measures. The Supreme People's Court and The Supreme People'sProcuratorate-announced.Interpretation on several lawapplication issues about the imple mentation of defamation and other criminal cases by using information hereinafter referred to as Interpretation in 2013. This Interpretation meets the demands of investigating for criminal responsibility and providing a reference of criminal legislation. However, the criminal laws about rumor-mongering exists design defect. Moreover, the Interpretation comes out with the controversy on how to protect citizens' freedom of expression. How to govern rumor-mongering with the criminal laws fulfilling the duties but not offside has becoming a popular topic. This thesis firstly analyzes the written judgment of Case Qin Huohuo and puts forward related issues. Afterwards, resolving legislation of criminal laws on governing rumor-mongering with the combination of the criminal laws and the lately released Interpretation. In this part, this thesis will emphasis on the analysis of crime of defamation, crime of picking quarrels and provoking troubles, fabrication and deliberate dissemination of false terrorist information and damage to the business reputation and the analysis of argumentative issues about above accusation integrating the feature of Internet rumor-mongering. Finally, puts forward the legislation perfect several proposals. Besides, pose further explanations and proposals on how to link up measurement of penalty between traditional rumor-mongering and emerging Internet rumor-mongering. Perfect related consideration factor while prosecuted for rumor mongers' criminal liability. Criminal laws getting involved in the Internet need plentiful juridical practice and criminal legislation in order to purify the network environment. Only dispel the recurring illness of Internet rumor-mongering, can the criminal laws become a sword of protecting network environment and civic right.