| Internet rumors not only break the limitation of time and space,but also exceed the scale of traditional rumors,increase the difficulty of regulating Internet rumors in contemporary society,and the related crime rate rise sharply,resulting in many serious social harms.In view of this,the legislature and the judiciary respectively regulate the Internet rumors by the new charges and the promulgation of judicial interpretations.Among them,the "fabricated facts to defame another person" should be deemed as a single act,this interpretation is a literal interpretation;the provisions on "serious circumstance" do not have the problem of subjective incrimination or objective incrimination,nor does there exist the problem of expanding the scope of application;"false information" should be understood as "untrue information" and included in the meaning of "rumor".It is worth noting that the Internet rumors are not only the "network version" of the traditional rumors,but also the "upgrade version".The regulation of the relevant criminal law should be more powerful,and the regulation system should be more scientific and reasonable.However,there are many problems in the regulation of Internet rumors in the current criminal law,such as too high predictability requirements of criminal law,too small scope of responsibility subject,too narrow object of regulation,too low disposition of statutory prescribed punishment and so on.Accordingly,we should raise the predictability of the criminal law,expand the scope of the subject of responsibility,expand the scope of object of regulation,and improve the disposition of statutory prescribed punishment.More specifically,we can proceed from the perspective of the relationship between social harmfulness and the constitutive elements of crime,the role of criminal policy in regulating the scope of the subject of responsibility,and the supplementary role of the case guidance system to the predictability requirements of criminal law.The establishment of new ideas to adapt to the regulation of Internet rumors is more conducive to the construction of a perfect criminal law regulation system from the dual aspects of criminal legislation and criminal justice. |
