The Criminal Law Regulation Of Network Harmful Information

With the rapid development of information network, the network harmful information against the interests of the people is becoming more and more common. Dialectical materialism tells us that everything has two sides, and when we are enjoying the convenience brought by the information network, we need to prevent the harmful consequences of the information network bringing to the society at the same time. Network harmful information is the information that is transmitted on the Internet, and in the form of words, images, sound, video, etc, which its content and transmission can harm or threat state interests, public interests, and personal legal interest. The form of network harmful information is varied, which according to the different interest subjects, is divided into network harmful information against national interests, network harmful information against the interests of the social, and network harmful information against the personal interests. Network harmful information has some characteristics, such as the secrets of real identities, broad audience, the promptness of propagation speed, the diversity of mode of transmission. Network harmful information has different connotation and extension with Bad data, malicious information and false information.Network harmful information needs to be regulated by law, and the network information that does not need legal intervention is not the harmful information in the legal sense. The criminal law applies to the network harmful information, which is because the network harmful information infringe upon legal interest of criminal law. Applying the criminal law to the network harmful information, must follow the basic principles of serious social harmfulness principle, modesty principle and speech free equilibrium principle, and the specific criteria of serious harmfulness. Not all network harmful information should be included in the scope of regulation of the criminal law. Which harmful information should be included in the scope of criminal law regulation, we need to follow the basic principles and specific standards for the application of the criminal law to network harmful information, and then make a comprehensive judgment. Specifically, network harmful information that can be regulated by the criminal law should include network harmful information against national interests such as provocative information and subversive information, secret leakage information, and information damaging the country’s reputation; network harmful information against the interests of the community such as false information, disturbing information, pornographic information, information on teaching methods of crime, information endangering market order, information endangering public policy or good customs, etc; network harmful information against the interests of the individual such as information damaging reputation, and information infringing upon intellectual property rights.At present, China’s efforts have been made to improve the criminal regulation of network harmful information, and many crimes of network harmful information have been incorporated into the existing charges and new charges, which is of great significance to fight against the crime of network harmful information and to safeguard social stability and people’s interests. But problems still exist. For example, under the current legislation mode, the scope of the criminal law regulation of network harmful information is too narrow, and the lack of predictability of legislation about network false information lead to network false information is not completely regulated. To solve these problems, we need to adhere to the basic principles of criminal law, and then improve the regulation of the criminal law according to the needs of the development of society. In the legislative aspect, we should update criminal theory, to adhere to moderate criminalization; perfect the means of regulation, to expand the scope of the protection of criminal law; add general provisions, to reserve preserve space. In the judicial aspect, we should observe the principle of legality, to use penalty prudently; explain the law correctly, to prevent unauthorized interpretation; keep the balance of freedom of speech, to demonstrate the protection of human rights. Through joint efforts of the two aspects, we will improve the system of criminal regulation of network harmful information, improve the standards of conviction and sentencing of network harmful information, and realize the judicial justice in the field of network information.