Research On The Criminal Regulation Of Internet Rumors In China

With the arrival of the Internet era,Internet rumors are seen everywhere.Its harm becomes more and more obvious,and gradually expands with the popularization of the network.Not only do huge harm to natural persons,legal persons and other private rights subject,Internet rumors also influence a lot to social economic order.Moreover,it can even cause a huge negative impact in the country's stability and national unity.However,up to now,there are still many defects in the criminal law in regulating Internet rumors.As a result,it can not give full play to the spread of Internet rumors to contain the role.Therefore,it is urgent to deeply analyze and discuss the regulation effect of criminal law on Internet rumor,and to put forward targeted strategies in combination with the practical problems.In the case of Internet rumor crime,it is possible to understand and grasp the criminal behavior comprehensively and objectively through the exploration and analysis of its basic concepts and characteristics.Through the research on the role of criminal law in the regulation of Internet rumors,we can further analyze the tolerance and applicability of criminal law in cyberspace.In addition,combined with the relevant laws and regulations toward the current Internet rumor crime,we can make a basic understanding about the current situation of the regulation toward the Internet rumor in our country,and then explore and analyze the existing problems and shortcomings to promote the continuous improvement of laws and regulations related to the field.This paper mainly consists of four parts:The first part mainly analyzes the basic theory and the present situation of the Internet rumor,focusing on the concept,the basic characteristics,the causes,the propagation characteristics and the harm of the Internet rumor to analyze the background of the current Internet rumor governance.This paper emphasizes the serious harm caused by the Internet rumor,and proves that the social public interest,the economic interest,as well as individual citizens are endangered by the Internet rumor,which has seriously affected the social stability of our country.Besides,this part pointed out that it is extremely urgent to carry on the governance towards Internet rumors.The second part focus on the current state of legislation in the regulation applies to Internet rumors are introduced,and the emphasis on criminal law charges apply to Internet rumors,mainly involved in the crime of illegal business,extortion,affray,fabricating rumors to mislead people and disrupting the morale of the army in wartime,using superstitions to breach the law enforcement,using superstitions to cause death,inciting violence to impede law enforcement,fabricated and deliberately spread false terrorist information,encouraging ethnic discrimination,ethnic hatred,libel,fabricating and disseminating the false information of the securities and futures transaction,harming commercial reputation or commodities reputation,inciting division of the country,etc.For such crimes,the criminal law was specifically described.The third part analyzes deeply about the problems existing in the regulation of Internet rumors on the basis of the cognition of the current legislative situation.According to the analysis,the problems are mainly reflected in the imperfection of the provisions on the charges of libel of Internet rumors;the low penalty of some crimes leads to the incompatibility of the criminal responsibility and punishment;it is under suspicion that the provocative and troublesome regulation of Internet rumor is a “pocket charge”,which means the boundary of the regulation is unclear;and the criminal law has not made a clear regulation for some serious Internet rumors.In the fourth part,the author puts forward some suggestions on the regulation of criminal law about the governance of Internet rumors,which focus on the relationship between the regulation of Internet rumors and the protection of freedom of speech and how to reasonably revise the charge of Internet rumor and continually perfect the regulation of the exclusive charge from the aspect of legal punishment allocation.To make the suggestions feasible,the author concerned about five aspects: adhering to the principle of tolerance of criminal law and protecting citizens' freedom of speech;suggestions on the application of libel Internet rumor regulation;adjustment of penalty related to some Internet rumor crimes;removal of judicial interpretation of applying the crime of affray to regulate Internet rumor;introduction of judicial interpretation of the crime of "fabricating and disseminating false information" to further the perfection of the crime of the Internet rumor.In short,only perfecting the standard management of the boundary of Internet rumors in the criminal law legislation design level,can we create a healthy,positive network environment.