Research On Criminal Law Regulations To Internet Rumors

The network rumors spread widely,the audience is large,the communication speed is fast and the interaction is strong.These characteristics make the network rumors very likely to cause serious social damage effects.The constitutive elements of a crime are the specific provisions of the criminal act on the basis of the statutory punishment of the crime.Therefore,a certain standard should be established for whether the illegal behaviors of online rumors constitute a crime.First of all,Internet rumors should have criminal subject qualification;Secondly,the doer of online rumor mongering that should be punished by criminal law must be intentional subjectively,including direct intentional and indirect intentional.Thirdly,objectively,the manifestations of online rumor crimes mainly focus on the communication behavior,including the behavior of fabricating and spreading and the behavior of simply spreading online rumors.The behavior of merely fabricating rumors but not spreading shall not be subject to criminal punishment.Finally,although the spreading of the network is in line with the provisions of constituting elements,it should be reasonably judged whether the criminal responsibility should be borne if there is a reason for the violation of the law,especially when the obstacles such as the victim's promise are constituted.China's legislation and regulations on online rumor crimes have lasted for a long time,ranging from the application of other crimes to the establishment of special regulations on the fabrication of online rumors and the deliberate spread of false information.Although the specific charges have been established,there is still confusion in the judicial application,such as trying to fight online rumors with the crime of soliciting conspiracy and illegal business.In the early stage when specific charges were lacking,this method solved the dilemma of loopholes in the criminal law rules of network rumors to some extent.However,due to the inconsistent application standards and unclear concept of network rumors crime,it did not achieve good results.After the crime of fabricating and deliberately spreading false information was issued,the judicial precedents for punishing online rumor crimes were relatively unified,but it could be found from the statistical cases that the applicable standards were not clear,the crimes were disorderly,and the punishment could not be realized when the crime was committed.Whether legislative omissions units as fabricated,deliberately spread false information crime subject of crime,not in the light of the mitigation of punishment,and lack of unified standard of crimes in the judicial practice and to judge whether such as information dissemination to seriously disrupt social consequences,such as the rules of criminal law crime of Internet rumors there is room for improvement.The criminal standard of online rumor crime is to judge whether the online rumor behavior should be supported by the theory of criminal punishment.