Study On Freedom Of Speech In Cyberspace And Criminal Regulation In China

In December 2017,the relevant agencies made a survey on the penetration rate of the Internet,which showed that the number of Internet users in China had reached 722 million by the end of December,and the number of mobile Internet users was 735 million.This indicates that more than half of the people in China are currently using the Internet.The increasing number of netizens has facilitated the exchange of information among the people,but at the same time it has spawned many unfavorable factors.Among them,the frequent occurrence of cybercrime and crime has aroused widespread concern.Therefore,the balance between freedom of speech and cybercrime in cyberspace has become a problem in the Internet age.Whether freedom of speech in cyberspace should be governed by the criminal law system and whether cyberspace can be equated with the actual space,and if the freedom of speech in cyberspace can be regulated by criminal law,then what is the extent of its regulation? These problems have caused widespread controversy in the theoretical community.China's criminal legislation and judicial interpretations regulate the abuse of freedom of speech in the cyberspace,and for the first time in " The Amendment to the Criminal Law of the People's Republic of China(IX)",the conduct of false information in the cyberspace will be stipulated as exclusive crimes,but there are still many imperfections in the crime system of China's current criminal law.There is an extra-legal space for the application of criminal charges in the application of charges,and the scope of application of new crimes in the �The Amendment to the Criminal Law of the People's Republic of China(IX)� is too narrow.Many speeches that are equivocal with the spurious "dangerous situation,epidemic situation,disaster situation,and police sentiment" have not been effectively regulated and there is a vacuum in judicial practice.Moreover,the consequences of its "serious disruption of social order" lack clear and feasible criteria for judgment,whether it is possible to apply the criteria for making up and deliberately disseminating the crime of false terrorist information,and whether it is in the order of cyberspace.Furthermore,the newly added crime of refusing to fulfill the obligation of network information management makes the scope of the determination of the responsibilities of network service providers in the theoreticalcommunity controversial.A series of problems have led to the existence of applicable dilemmas in the judicial practice.Therefore,by analyzing the disputes in the cyberspace free speech criminal law and the existing problems in the current criminal law of our country,combining with the experience of the foreign countries and following the national conditions of our country,this paper seeks to find an effective way to regulate the freedom of speech in cyberspace through the criminal law,and to put forward a perfect suggestion for the existing problems: The first is to build and improve the current system of criminal law charges;the second is to expand the "false information" in the " The Amendment to the Criminal Law of the People's Republic of China(IX)" the scope of application;the third is to determine the "serious" consequences of the standard;the last is to limit the scope of responsibility of network service providers.