Criminal Laws And Regulations Governing Internet Spreading And Spreading Rumors

The development of Internet technology has brought a qualitative leap to the experience of online public space,with invisible and invisible network cables connecting everyone's life.With vast amounts of information,rapid delivery,global coverage and other advantages,cyberspace is "capturing" everyone.However,its advantages are also applicable to the spread of rumors,which can have a significant negative impact on the public's work and life.For example,during the recent strict control of the "new crown pneumonia" epidemic,the public was depressed,lacked the patience to reasonably judge the authenticity of the information,and was often forwarded in a "preferable and trustworthy" attitude in the face of major epidemics related to the health and safety of loved ones Unreliable information promotes the spread of online rumors,hinders the spread of accurate information,is not conducive to the spontaneous mutual assistance of citizens,leads to the transfer of international discourse rights,and affects the stability and development of society The legal responsibility of the rumor is very important.The number of rumors in the virtual space is beyond imagination,but we cannot afford to eat food or punish every rumor.Only specific Internet rumors need to be classified as criminal acts,and criminal law is a weapon to punish them.Regarding the crimes caused by the network rumor and rumor mode,China's laws have gone through a process from scratch.Although there are a series of charges applicable at this stage,there are still regrets,such as the lack of tailor-made charges.The application of pocket crimes to regulate such acts is still widespread in judicial application;there are cases of mixed crimes;the existing legal basis is mainly basedon the "internet defamation interpretation" detailed specifications,the level of legal effectiveness is not high,and the relevant legal concept connotation Not very clear.Therefore,the existing crimes cannot properly and comprehensively deal with Internet rumors and rumors.The author intends to sort out the existing and relevant current status of criminal regulations,point out the areas that need to be improved in the formulation of laws and the application of the law,and try to propose some possible ways to improve the effectiveness of China's criminal law in regulating such crime.Focusing on the above topics,the article will have three chapters.The first chapter focuses on the basic concepts of statements.This chapter will sort out the concepts and legal definitions of rumors,and summarize and summarize the characteristics and harms of online rumors and rumors.In addition,focusing on this new type of coronary pneumonia in Wuhan,this article will Explore how to distinguish between reasonably speculated speech and false information,how to define what kind of Internet rumors should be regulated by criminal regulations,and how to balance the restraint and severity of criminal law?The second chapter focuses on the current status and deficiencies of the criminal regulations of Internet rumor-making and rumor spreading in China.The author will separately elaborate from two perspectives of criminal legislation and criminal justice.The current regulation of China's network rumor-making and rumor spreading is mainly provoking trouble ?Fabrication ?The crime of intentional dissemination of false information,defamation,etc.The Supreme Court's Interpretation of Handling Criminal Cases Using Defamation by Information Network(hereinafter referred to as the "Interpretation")provides more details for the trial of Internet rumours and rumors However,at present,the inadequacy of criminal justice practice in such cases is also very clear.For example,the phenomenon of confusion applies in some crimes;the criteria for incrimination are not very clear;in some cases,there is a phenomenon of excessive compression of citizens' supervision rights;It is difficult to prosecuteprivate prosecution cases for defamation,which is not conducive to protecting the rights and interests of the public according to law.In the third chapter,the author puts forward some thoughts on the current status of the criminal regulations of Internet rumors and rumors.First,gradually improve the legal regulation system,for example,refine the constituent elements of some crimes;gradient the sentencing of some crimes.Settings.Secondly,the existing crimes should be improved,for example,the connotation of "false information" in the crime of fabricating and deliberately disseminating false information should be expanded,but the expansion should be clear and homogeneous.Secondly,in the process of applying provocative offences to online rumours and rumors,we must maintain a cautious and modest attitude to ensure that we can find a balance between combating crime and protecting citizens' right to freedom of speech.Finally,the author believes that The private prosecution procedure for defamation can be improved so that the public can safeguard their rights and interests in accordance with the law.