Studying On Internet Rumors Crime And Its Judicial Determination

The spread of Internet rumors spread not only damage to personal reputation, businessreputation, etc, in some cases even endanger the national interests and social public order.Fabricated at present, the use of information network and the spread of false information todisturb public order events are increasing, especially in some major public events, Internetrumors around, fully shows its strong destructive power.Traditional punishing sanctions oncharges of Internet rumors system scope is limited, for some of the common event for aparticular object, and do not have the specific content such as terrorist information of Internetrumors, even cause serious chaos of social order, and ability to cope. the Internet rumorspublished by the supreme people’s court and the supreme people’s procuratorate judicial tostir-up-trouble crime sanctions such Internet rumors, is a breakthrough of the judicial practice,but natural stir-up-trouble crime itself "pocket" characteristics, if not be qualified, easy tocause the sprawl in cyberspace.In this paper, we study the spread false news on the Internet, the first analysis of thedangers of spreading rumors on the Internet, based on charges related to the rumors in ourcriminal law are classified, and then found that there were a problem. Such as the defamationcrim and The crime of infringing of others’ commercial reputation used for sanctions spreadrumors on the Internet behavior, just is the traditional reasonable charges apply incyberspace.But the Internet rumors published by the supreme people’s court and the supremepeople’s procuratorate judicial interpretation "regulation on the information network in astir-up-trouble crime to spin, spreading false information, causing public order public orderchaos behavior convicted and punished seriously, is a kind of breakthrough" explore ".Stir-up-trouble crime itself natural "pocket" characteristics, its Internet rumors for sanctions ifthey do not limit them easily turned out to be the whole of the network space, so the articletype of Internet rumors stir-up-trouble crime by analyzing several key problems in the judicialcognizance, such as false information to define standards, the cognizance of the severe disorder of public order and subjective sin problem, etc., in order to practice the correctreasonable apply stir-up-trouble crime to crack down on Internet rumors are also proposed.