Research On The Criminal Law Regulation Of Network Rumor

The development of the Internet has provided citizens with space for freedom of expression and conditions for the spread of online rumors.Network rumors not only damage the basic rights and interests of individuals,but also have a negative impact on the economy,politics,culture and even the national level.In order to curb online rumors,various departmental laws have introduced regulations in this regard.However,the effect in judicial practice is not satisfactory.Controlling online rumors has become the trend of the situation,and restoring a stable Internet environment is the goal of the people.Therefore,this paper makes an in-depth study of the problems in the field of criminal regulation of network rumors,finds out the existing problems and proposes solutions.This paper makes a comparative analysis of the concept of online rumors from ancient to modern.According to the current legal provisions and judicial interpretation in China,it explores the problems in the field of criminal law regulation of online rumors,and starts from the problems to solve these problems.This article is divided into four parts for research,with the aim of clearly expressing viewpoints.This article defines online rumors,clarifies the concept of online rumors,and understands the characteristics of online rumors.After analyzing the research background,purpose,and significance of online rumors,the second part analyzes the causes of online rumors and the necessity of criminal law regulation;The third part of the article briefly describes three typical cases.The focus of controversy in the "Chang" case is whether online order is public place order,the focus of controversy in the "Qin" case is whether it can be judged as "serious" based on click through volume,browsing volume,and forwarding volume,as well as whether online order is public place order,and the focus of controversy in the "Zhang case of damaging commercial reputation and commodity reputation" is whether online naval crimes should bear criminal responsibility.This article lists these three controversial focuses through these three typical cases,leading to issues in the criminal law regulation of online rumors.The analysis of "serious circumstances" in defamation behavior cannot be solely based on the number of reposts,clicks,and views.To clarify the relationship between online order and public place order,it is recommended to apply caution to the crime of provoking and causing trouble at present.The behavior evaluation of the online navy,its employees,and the main personnel within the online navy is a joint crime.It is not only necessary to punish the employees of online rumors,but also to objectively evaluate the behavior of the online navy,in order to comply with the basic principle of equal application of criminal law.Units are more capable of committing crimes,and the social risk of committing crimes by units is higher,such as the crime of illegal business operations and defamation.It is recommended to increase the unit as the responsible subject.It is recommended to increase the sentence for charges such as defamation,damage to commercial reputation,and commodity reputation.In view of the inconsistency between the amount of fines for the crime of fabricating and disseminating false information about securities and futures trading and the amount of fines in the Economic law,it is suggested to modify the contents of the crime of fabricating and disseminating false information about securities and futures trading.