Research On The Criminal Regulation Of Online Business Rumors

In 2013,the Supreme People's Court and the Supreme People's Procuratoratehave jointly issued newjudicial interpretation forlibel and other criminal cases deal with the use of information network to explain some issues of applicable law to bring online rumors into the scope of criminal law goverence.Based on the revisionCriminal law Amendment(9)passed by the Standing Committee of the National People's Congress in 2015,the crime of "fabricating and intentionally spreading false information" was added to regulate Internet rumors.However,through literature analysis and case study,the author finds that China's criminal law regulation focuses on various types of online rumors that harm social order and national security,and there are still some blind spots in the research on the criminal law regulation of a large and frequent number of online business rumors.The absence of criminal regulations on online business rumors directly causeda fact that commercial subjects fabricate and spread a large number of online business rumors in the fierce market competition in China,so as to obtain certain competitive advantages.The rampant online business rumors have seriously damaged the fair and orderly competition environment of the market economy,damaged the legitimate rights and interests of the commercial industry and commercial subjects,and threatened the stable and rapid development of China's national economy.By studying the basic concept and harm of online business rumors,this paper aims to sort out the existing problems in the current criminal regulation of online business rumors.Based on the theoretical basis of the relationship between online freedom of speech and online social order,this paper explores ways and measures to improve the criminal regulation of online business rumors.The article consists of six parts,of which the body is composed of four parts..The introduction introduces the change and introduction of network communication technology,and introduces the influence of the spread of online business rumors on China's society,politics,economy and culture through cases,so as to lay a foundation for the research on the criminal law regulation of online business rumors.The first part mainly discusses the concept,characteristics and harm of online business rumors.This part firstly focuses on the definition of online business rumors,and analyzes and demonstrates the research path of rumor-network rumor-online business rumors.Secondly,according to the concept of online business rumors,it is concluded that online business rumors have the characteristics of false content,derogatory effect,rapid spread,severity of damage,low cost and hysteresis of remedy.Finally,the paper expounds the harm of Internet rumors from three aspects: the state,society and commercial subjects.The second part mainly focuses on the problems existing in the criminal law regulation of online business rumors.Through the analysis of the doctrine of criminal law on the crimes of damage to goodwill,provoking trouble,fabrication and intentional dissemination of false information applied in the criminal law regulation of online business rumors,this paper concludes that there are some problems in the current criminal law regulation of online business rumors,such as the imperfection of the accusation system,the lack of supporting judicial interpretation,the unclear threshold of entry into prison,and the unreasonable penalty setting,etc.The third part mainly discusses the legitimacy and theoretical basis of criminal law regulation of online business rumors around the relationship between freedom and order.Firstly,the connotations of freedom and order are discussed respectively,and the dialectical unity relationship between freedom and order is obtained.Secondly,on the basis of the dialectical unity relationship between freedom and order,this paper discusses the freedom of speech and social order in the Internet age,and concludes that the relationship between them shows dialectical unity and dynamic balance in the criminal rule of law.Finally,on the theoretical basis of the dialectical unity and dynamic balance between the freedom of speech on the Internet and the social order on the Internet,this paper expounds that online business rumors are not the exercise of freedom of speech,but the act of serious infringement on social order,and acts on online business rumors and false information misinformation on the commercial network from two aspects of illegal purpose and subjective intention of crime.The distinction between crime and non-crime lays a theoretical foundation for the study of criminal regulation of online rumors in full-text commerce.The fourth part is mainly about the rational thinking of the criminal law regulation of online business rumors.According to the problems in the process of criminal law regulation of online business rumors pointed out in the second part of the article,based on the theory of serious order violation and non-freedom of speech of online business rumors under the relationship of dialectical unity and dynamic balance between network freedom of speech and network order,this paper puts forward four suggestions and countermeasures: establishing a unified and standardized accusation system,perfecting relevant supporting judicial interpretations,defining the threshold of imprisonment by using Internet thinking,and setting up scientific and rigorous punishment.The conclusion of this paper summarizes the contents of the research on the criminal regulation of online business rumors discussed in this paper,and hopes to attract more attention and research on the criminal regulation of online business rumors in the academic circle through this paper.