The Dilemma And Institutional Transformation Of The Judgment For Network Rumor Crime

In the era of media,everyone can be the publisher and disseminator of information.While promoting the active exercise of the right of expression and supervision,it also promotes the generation of network rumors.Internet rumor crimes emerge in an endless stream and spread widely and rapidly,which not only disturbs the normal order of the Internet,but also has a great harm to the credibility of the government and even the values of the people,and more even causes a bad social impact and seriously interferes with the normal life of people.On the one hand,we should suppress the development of rumors and punish them according to the law.On the other hand,the improper regulation of Internet rumors is prone to the value conflict between citizens’ freedom of speech and citizens’ right of reputation.In the process of judging whether the network speech is convicted and punished,the evaluation of criminal behavior not only includes the analysis process of the elements of crime in criminal law and the application process of relevant legal provisions,but also involves the value measurement process of reasonable balance between the interests of freedom of speech,social stability and order,national security and other related interests that the constitution needs to protect,and the final conclusion of the game The result is that the weight of the two interests or the weight of the two evils.Through some specific cases,this thesis analyzes the dilemma of the crime of network rumors in judicial practice.such as the balance between the protection of freedom speech and the attack for harmful speech,the specific application of the crime of causing trouble and network slander,the distinction between network rumors and network reports,the social harmfulness of network rumors and the rationality of sentencing range,etc.Combined with the more concrete,operational and reasonable experience and practice in the process of dealing with and cracking down on Internet rumors in the foreign countries such as Britain,the United States,Germany and Japan,three governance models for Internet rumors are put forward,they are public law mode,private law mode and crime mode of Internet rumors.According to these three models,According to these three models,the author further puts forward the system measures of the crime of Internet rumors,which can reasonably limit the scope of criminal punishment and protect the basic constitutional rights of citizens.For example,the masses report to the government officials,discuss,criticize and comment on the government’s decision-making,etc.in order to better use the law in judicial practice and safeguard the interests of the people.