Research On Criminal Law Regulation Of Network Rumor

Internet rumors refer to false information published and disseminated by the Internet as a medium without factual basis and of public interest.Unlike traditional rumor-based crimes,rumor-mongering and rumor-mongering crimes using the Internet as a medium are more likely to cause violations of individual rights and interests,damage social order,and impact national security and other evil consequences.At present,China’s criminal law has a set of crime system for network rumor crimes,and the criminal judicial interpretation as an aid,which constitutes the reality of China’s criminal law to regulate network rumor crimes.In practice,there are still many shortcomings in China’s criminal law system for punishing online rumor crimes.Specifically,there is a lack of exclusive crimes to regulate online rumors and a narrow scope of non-exclusive crimes;the criminal punishment for online rumors lacks strength in terms of sentence and type of sentence;the judicial determination standard of specific crimes for online rumors is controversial;some crimes do not include units in the scope of criminal responsibility and the division of criminal responsibility of accomplices is unclear;the scope of public prosecution for criminal cases of online rumorbased defamation is not The scope of public prosecution is not comprehensive,and the boundary between private prosecution and public prosecution is blurred,as well as the difficulties of evidence collection and prosecution for private prosecutors.In order to improve the level of criminal governance of online rumor and rumor-mongering crimes and purify China’s cyberspace environment,it is necessary to create a new exclusive crime of criminal law to regulate online rumors and expand the scope of the crime of fabrication and intentional dissemination of false information to improve the existing crime system of criminal law to regulate online rumors.In view of the infringement of personal rights and enterprise reputation by online rumors,the legal penalties for defamation and damage to business reputation and commodity reputation should be increased;for online rumors that seriously endanger national interests and social order,additional penalties in the form of fines or deprivation of political rights should be added to increase the criminal sanctions.Adhere to the principle of unity of subjectivity and objectivity,add "dehydration data" to the actual standard to improve the determination of "aggravating circumstances" for the crime of online defamation;distinguish the different attributes of cyberspace and real space,and refer to the U.S."obvious and In order to achieve a balance between combating crime and protecting citizens’ right to freedom of expression,the government should clarify the criteria for determining "serious public disorder" for the crime of provoking trouble on the Internet.The legislation incorporates units into the scope of criminal liability for some crimes,and clearly delineates the criminal liability of organizers,planners(behind the scenes),"online public relations companies" and "online water forces" that commit online rumors.The criminal cases of online rumor-based defamation resulting in death will be included in the scope of public prosecution;clarify the application of public prosecution procedures for criminal cases of online defamation,i.e.,the ambiguous terms in the seven situations of "serious damage to social order and national interests";broaden the evidence collection and prosecution channels for private prosecutors to solve the problems related to litigation of online defamation cases.