Research On The Criminal Law Regulation Of Network False Information

With the development of Internet technology and the low cost of network access,more and more people have the opportunity to use the information network to express their opinions,so that the freedom of speech has been fully realized.However,everything has two sides.While the Internet makes citizens express their free speech fully,there are also many false information endangering the interests of individuals,society and the state.These network false information not only seriously damaged the legitimate rights and interests of individual citizens,but also caused a considerable degree of social order chaos and destroyed the peace and stability of the country.When other laws are not enough to effectively regulate the crime of network false information,the criminal law should participate with its unique finality and complementarity,so it is necessary to grasp the criminal law regulation of network false information.This paper is divided into three parts.The first part mainly studies the network false information,which is a new network affair,and makes a complete grasp of its concept and characteristics,so as to avoid the excessive interference of criminal law to damage the constitutional rights of citizens’ freedom of speech.Then it demonstrates the necessity of regulating network false information by criminal law,so as to ensure the rationality of criminal law intervention.The second part mainly describes the current situation of the criminal law regulation of the network false information.Starting from the current criminal law regulation of the network false information,it summarizes the general characteristics of the criminal law regulation of the network false information,that is,the regulation is mainly based on the traditional charges,without forming a complete legal system.It analyzes the specific charges of the current criminal law from two aspects of infringement of specific individual legal interests and social legal interests For the regulation of network false information,this paper analyzes some controversial issues in judicial practice.In the third part,according to the current situation of the criminal law regulation,it analyzes the shortcomings.In the criminal law regulation system of the network false information,there is no relevant provisions for the unit crime,and the scope of the false information is relatively narrow.Then it describes the basic principles that the criminal law regulation of the network false information should abide by,that is,the principle of modesty,the principle of substantive infringement of legal interests and the principle of subjective evil According to the deficiency and basic principles,this paper tries to put forward some feasible legislative and judicial suggestions.