Research On The Criminal Law Regulation Of Internet Rumor

In recent years,with the continuous development of network technique,the spring of online We-media has come.However,the problem of Internet rumor crime is also becoming more violent.Different from traditional rumor,Internet rumor has the special characteristics of speediness,convenience,concealment and a wide range.These characteristics mean that Internet rumor has more damage.If Internet rumor is not paid enough attention to and effort to fight against Internet rumor is not stepped up,Internet rumor will not only be very harmful to the legal interests of the individual,but also be harmful to the public order of society and national security interests.Of course,corresponding legal system has been established for the control of current Internet rumor crime,but there are still some deficiencies in the detailed regulations in the criminal law.Only with in-depth investigation and research can the current detailed problems of criminal regulation for Internet rumor be found.With more targeted and accurate methods,Internet rumor can be regulated by the application of criminal law.Fundamental principle of the restraining principle of the criminal law can be fully demonstrated.Constitutional right of free speech can be practically guaranteed.The Internet rumor crime can be stroke more effectively and the normal order of Internet space can be effectively maintained.There are four parts in this article.The first part makes a brief introduction of Internet rumor.With the analysis of Internet rumor conducted by experts and scholars,the intension and extension of Internet rumor are summarized and the basic concept of Internet rumor is also clarified.Next,characteristics of Internet rumor are elaborated and the damage of Internet rumor and traditional rumor is analyzed.Finally,on the basis of clarifying the basic concept of Internet rumor,Internet rumor is compared with freedom of speech.Internet rumor and freedom of speech are effectively differentiated.The second part is about the analysis of legal regulation framework of Internet rumor in our country.The regulation on Internet rumor in our country is analyzed from three aspects which are regulation on Internet rumor by non-criminal law and regulation on Internet rumor crime by criminal law and regulation on Internet rumor by judicial interpretation.With the above analysis,it can be seen that relatively complete governance system of Internet rumor has been gradually formed in the law and regulation in our country.The third part aims at the brief analysis of current status of criminal law regulation on Internet rumor in our country.Though certain effect has been achieved on the regulation of Internet rumor crime in our country,there are still some problems in the regulations by criminal law.It mainly includes the imperfection of accusation system in criminal law regulation of Internet rumor crime.Besides,conviction and punishment of Internet rumor crime by regarding it as defiance and affray crime violate the principle of legality.The setting of criminal penalty of Internet Rumor crime has flaws and the restraining principle of the criminal law is not fully embodied.In the fourth part,detailed proposals for the perfection of criminal law regulation on Internet Rumor crime are put forward.First,the severe damage of Internet rumor crime for personal legal interests,security order of society and government credibility should be fully realized.A simple but profound analysis is conducted from the above three aspects.Second,basic principle and basic standpoint that ought to be insisted in the regulation on Internet rumor crime by the criminal law of our country are introduced.The free-speech right of the citizens need to be protected while the Internet rumor crime is stroke.The restraining principle of the criminal law need to be insisted.Thirdly,due to the divergence of understanding and cognition of the regulation on Internet rumor in judicial practice at present,some correct and profound suggestions are proposed according to the work experience of the author,which includes clarifying the concept of false information in the form of criminal law,and affirmation of current judicial interpretation by legislative procedure.Besides,the "crime of making up and spreading false and terrible information on purpose" is altered to "the crime of making up and spreading false information" and the "Internet rumor crime" is also added.