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Sociological Analysis Of The Law Of The Network Rumor And Libel Crime Behavior

Posted on:2016-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:L LiangFull Text:PDF
GTID:2296330464453550Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet technology in China, people’s lives become more convenient. The exchanges between people become more closely. However, the network is a double-edged sword. It gives people a convenient life. At the same time, it also brings many problems of network crime. Network rumor and libel crime is one of the main problems. Recently network rumor and libel crime incidents continue to occur in our country, showing a tendency of increase year by year. According to the relevant statistics, between 2010 and 2012, there were more than 230 public opinion hotspot event appeared the network rumor or network libel. There are 37 incidents which have a big influence in nationwide. These network rumor and libel crime behavior has brought serious harm for citizens, enterprises and the society. Network rumor and libel crime behavior damage the legitimate rights of others, disturb the social public order and undermine the country’s stability and harmony. The governance of network rumor and libel criminal behavior has far-reaching social significance. How to govern Network rumor and libel crime has become an important problem we have to face. In this paper, Author analyzes network rumor and libel criminal behavior through the perspective of Sociology of law. The author expounds the meaning of network rumor and libel crime and its harm. At the same time, author analyzes the reasons for Network rumor and libel crime generated. Combined with the relevant provisions of the law of our country and the advanced foreign practices, author points out some problems. The author put forward some opinions and suggestions on how to govern Network rumor and libel crime behavior. Specifically, the article is divided into six parts.The first part is the basic elaboration to network rumor and libel crime behavior. In this part, the author expounds the meaning of network rumor and network libel. At the same time, the author illustrates their connection. Based on fully understanding their meanings, the author sums up the basic meaning of network rumor and libel crime behavior. Then, the author expounds the basic characteristics of network rumor and libel crime behavior. They are regional, low cost and fast spread, occult, clarity, arbitrariness and hard to control. Then, the author introduces the types of network rumor and libel crime behavior. There are damaging the lawful rights of others, damaging the right of reputation of enterprises, disturbing the market economic order, undermining the social harmony and damaging the interests of the state. At the same time. the author also points out the harm of network rumor and libel crime behavior. Such as:damaging the lawful rights of others, damaging the right of reputation of enterprises.The second part, the author analyzes the reasons of network rumor and libel crime generated. It mainly has the following reasons. They are different social values conflict and civil expression of the will of the way is not perfect, the negative influence of traditional Confucian culture, the control of low is weak for network space, people’s negative subjective motives, the judicial administrative organ has not been set up perfect information public platform.The third part, the author describes the lows of China about how to govern network rumor and libel crime behavior. The author expounds the relevant provisions of China’s constitution and the general principles of the civil law and administrative law and criminal law. He briefly analyzes the content of these regulations and points out their shortcomings. In this part, the author analysis the new judicial interpretation. Combined with the specific case, he illustrates advantages and disadvantages of the new low.The fourth part, the author introduces the status of governing network rumor and libel crime behavior in foreign countries. Such as United States, Britain, Germany, a South Korean and Singapore. Through the concrete analysis of advanced measures of these countries, we can found some better measures.The fifth part, the author describes some problems about governing network rumor and libel crime behavior in China. Such as a perfect system of Internet regulation is not established, the lack of communication of administrative organs and the media, a good community prevention mechanism is not established.The sixth part, the author describes how to govern network rumor and libel crime behavior in China. Based on the preceding analysis, the author put forward some feasible measures which suited to China’s national conditions. Such as making a special law, perfecting supervision of the Internet industry norms, giving full play to the role of the judicial administrative organs, establishing some legal services agency in Community and establishing perfect public information platform.
Keywords/Search Tags:Network rumor and libel crime behavior, Social control, The living law theory
PDF Full Text Request
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