The Criminal Law Regulation Of Internet Rumors

Since the formation of human society,rumors have begun to emerge along with people’s social interactions.The spread of rumors may be malicious revenge against society or unconscious behavior.The behavior of malicious rumors and spreading may be harmful with the development of the Internet.Far from being the same as when the rumors first appeared,the harm to the country,society,and the collective has risen to the point where the criminal law must be used to regulate.The intervention of the state organs of public power shows that the characteristics of the Internet have made this traditional crime harmful.Expand several times.When people are social species,obtaining social recognition and maintaining a good social reputation are the foundation and foundation of people’s social life.The slander against individuals is used to destroy the foundation of their social survival.The formation of cyber social space makes Network defamation has been developed,so this article will discuss network defamation as a special act of spreading rumors on the Internet.The first part of this article integrates the various theoretical definitions of rumors,and then gives them a legal definition,and then analyzes the harm caused by adding the peculiarities of the Internet to the traditional rumors to find their convictions.The necessity of guilt raises questions,what kind of charges should be applied in judicial practice,and what is the shape of my country’s criminal laws and regulations for cyber-spreading behaviors.The second part is to analyze the defamatory network rumors against individuals,the controversial issues involved,the analysis of the elements of the crime when applying the crime of defamation,the new types of subjects that appear in the Internet age,and whether the infringed objects include subjective indirectness The controversial issue of intentional and objective imputation,and the most important objective analysis of how to determine the seriousness of the circumstances.The third part is mainly to explore the common nuisance-picking and provoking network rumors behaviors of ordinary unspecified subjects,and to explore the co-opetition relationship between it and the newly added crime of fabricating and deliberately disseminating false information in the "Criminal Law Amendment(9)","Interpretation" The definition of "false information","public place" and "severe public disorder" when applying the crime of provoking troubles,explores the controversy over the attributes of "information network".The fourth part puts the perspective on the comparison of the two crimes in judicial practice,when different objective manifestations of behavior should correspond to different charges,and distinguish the determination of the crime of defamation and the crime of picking quarrels and provoking trouble.Then there is the online rumor-mongering behavior for special subjects,the same objective manifestations but different crime determinations,analysis and draw corresponding conclusions.Finally,this paper attempts to explore the above-mentioned controversial issues from theory combined with judicial practice cases,in order to draw out the matters that should be paid special attention to in the current judicial practice,and put forward suitable suggestions for improvement,which can not only adhere to the modesty of the criminal law,but also adhere to the crime and punishment.Statutory principles,and at the same time achieve the goal of managing the Internet ecological environment during this transitional period.