Research On The Criminal Regulations Of Internet Rumors

Article 35 of the constitution of the People's Republic of China(hereinafter referred to as the constitution of the People's Republic of China)provides that citizens of the People's Republic of China have freedom of speech,publication,assembly,association,procession and demonstration.The expression of online speech is the concrete embodiment of the free speech right given to every citizen by this constitution in cyberspace.The features of anonymity and equality in cyberspace give the vast number of netizens extremely strong power of discourse.However,we should also see that China's legal and technical shortcomings in order management of cyberspace make the current cyberspace a greenhouse for breeding online rumors.In the network space,rumors are rampant,which greatly damages the credibility of the society,which has made all social strata fully realize that the governance of the network space has reached a point of no delay.Therefore,the theoretical circle has the responsibility and it is necessary to conduct in-depth research on the criminal law governance of online rumor crimes and conduct theoretical research on the criminal law regulation of rumor crimes in order to obtain theoretical guidance that is beneficial to legislative and judicial practice.Based on such a social responsibility awareness,I tried to conduct a relatively in-depth academic discussion on the criminal law regulation of online rumors from the perspective of criminal law theory.The main content of this paper can be divided into four parts: the first part is the introduction of the basic concept of rumors,which defines the concept,characteristics and harm of online rumors from the perspective of communication and criminal law.In particular,this paper analyzes the mass incidents caused by the recent online rumors in China,fully understands the great harmfulness of online rumors,and further demonstrates the necessity of the criminal regulation of online rumors.The second part based on the existing criminal legislation in China,I our present criminal law in accordance with the provisions of the basic norms for the analysis train of thought,introduced and expounded China's current criminal law for endangering state security crimes,which endanger the safety of the citizens' personal life and property,reputation,and even Internet rumors that exist in the class of different types of criminal crime form of existence.In the third part,I also analyzed and evaluated the actual effect of the implementation of China's criminal law in the legislative and judicial practice based on the arrangement of anti-corruption system in the newly implemented supervision law of the People's Republic of China(hereinafter referred to as the supervision law of China),and pointed out the deficiencies of the current criminal law in the field of network rumors regulation.The fourth part is the perfection suggestion part of this article.In this section,I mainly expressed the rumors of the criminal law for the Internet regulation problem of multi-angle,mainly points out that should further increase the criminal law for the regulation of Internet rumors,in turn,this article in the new enacted for 1 June 2017 under the framework of the network security law system,is suggested to establish special charges,expand the scope of accomplice that punishment and dynamics,and advice on Internet rumors of crime number form the study of the theory of the regulation,I think the Internet rumors of crime of expanding the range of punishment on accomplices,part can be not supposed to constitute a crime,However,it is brought into the scope of criminal law adjustment because of its social harmfulness,which is believed to be of positive and important practical significance to curb the serious situation of unbridled manufacturing and spreading of online rumors.In this section,I combine the other scholars in the same theory,also put forward from criminal prosecution of criminal prosecution case handler Suggestions,such as the necessary condition,can from the state,society,collective interests,the citizens have given up or not filed a case of private prosecution to public prosecution,thereby increasing crackdown on Internet rumors,and curb the spread of Internet rumors crime.At the same time,the article combines the "Notice on the Implementation of the Special Struggle for the Elimination of Violence and Destruction" issued by the Central Committee of the Communist Party of China and the public interest litigation model being pursued by the Supreme People's Procuratorate(hereinafter referred to as the "High Inspection").The issue of online rumors and crimes has been discussed in detail from the perspective of the special struggle against evil and public interest litigation.Finally,in the current era of vigorously promoting the basic strategy of governing the country according to law and building a socialist country ruled by law,the boundary between the rights of Internet rumors and citizens' network supervision and the rights of Internet rumors and citizens' freedom of speech are also considered.It further discusses the boundaries between civil rights protection and online rumor crimes,and sincerely hopes to achieve the effect of ignoring jade.