Criminal Law Regulation Of Network Rumors

With the rapid development of the Internet,the crime of network rumors has also increased.Network rumors not only endanger the legitimate rights and interests of citizens,but also seriously disrupt the social public order and the security and stability of the country.Although there is a matching legal system for the governance of cyber rumor crimes in China,there is still a situation that needs to be improved.For example,there are some problems in the identification of the crime of fabricating and deliberately spreading false information and the crime of provocation.At the same time,there are still disputes about the application of the two crimes.The lack of legislation will lead to the difficulty in determining the nature in judicial practice.It is hoped that this paper can arouse the attention of the academic circles to such issues,so as to carry out more in-depth research,so as to better keep the theory up with the practice.In order to present the viewpoint of this article more clearly,the content of this article is divided into four parts:The first part introduces the basic situation of Internet rumors,and analyzes the types,characteristics and harm of Internet rumors.Firstly,it classifies Internet rumors from three different perspectives;Secondly,by collecting and analyzing the contents of online rumors in the samples,compared with traditional rumors,online rumors have the characteristics of confusion,rapidity and diversity;Finally,from the perspective of legal interests infringed by Internet rumors,this paper discusses the harm of Internet rumors from three aspects:National Government,social order and citizens’ legitimate rights.The second part is to analyze the current situation of the criminal law regulation of Internet rumors in the current criminal law.First of all,through the analysis of the current situation of the regulation of Internet rumors in China through the 15 related charges,it is found that the crime of fabricating and deliberately spreading false information and the crime of provoking trouble are common;Secondly,it analyzes the application in practice in the sample judgment of the crime of fabricating and deliberately spreading false information;Finally,it analyzes the application of the crime from the sample of the judgment of the crime of provocation.The third part analyzes the problems of the crime of fabricating and deliberately spreading false information and the crime of provocation in the regulation of network rumors.First,from the samples of the crime of fabricating and deliberately spreading false information,it is analyzed that the identification standard of "seriously disrupting social order" is not clear,from the application of the four types of false information in the samples and the identification of the contents of false information,it is analyzed that the identification of false information is not standardized,and the definition of the behavior mode of this crime is still controversial;The second is to analyze the situation that the scope of "public order" is not clearly defined through the different meanings of "public place" and "public order",analyze the problem that the identification standard of "serious confusion" is not clear with the sample of the judgment of the crime of provocation,and analyze the problem that the identification of "false information" is not clear with the false information in the crime of fabricating and deliberately spreading false information and the application of false information in this crime.The fourth part puts forward the improvement scheme of criminal law regulation of network rumors.The first is to put forward the identification standard of "seriously disrupting social order" with the actual harm results as the main and the network harm results as the auxiliary,to limit the scope of false information by reasonably limiting the scope of four types of false information and eliminating "partially false"information,and to limit the behavior mode of "fabricating and spreading",The second is to limit the scope of "public order" so as to reduce the attack scope of this crime,limit the degree of serious confusion to the identification standard that takes the actual harm results as the main and the network harm results as the auxiliary,and finally discuss how to apply the false information,and define the false information from three aspects:subjective purpose,whether to recover in time and whether the behavior has caused consequences.