Research On The Criminal Law Regulation Of Crime Of Network Rumors

Brought by the rapid development of the Internet is not only the convenience of life, but also a lot of negative derivatives, and the most recent flooding is the network rumors. One part of network rumors with serious society harmfulness not only disturbs the normal order of the Internet, but also produces great harm on the credibility of the Internet and the public values, as well as the application of the traditional system of criminal charges in cyberspace suffers repeated difficulties. In view of this, Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Specific Application of Law in the Handling of Defamation through Information Networks and Other Criminal Cases shall be formally implemented on September10,2013. The conviction criterion, patterns of behavior and sentencing rules of defamation, picking fights and making troubles and other related crime through information networks has been identified for the first time in this interpretation, which solve the deficiency of criminal regulation on network rumors to some extent, but there are still a lot of controversy, and academic circles have different opinions on whether criminal regulation will influence freedom of speech. Therefore, in order to solve these problems we have to study the relevant theories for the criminal regulation of network rumors, and carry out a detailed analysis to the judicial interpretation including the dispute of articles and the problems with judicial practice. In addition, we also shall improve and perfect the system of criminal law to regulate the crime of network rumors for better governance of network rumors.