Study On Criminal Regulation Of Network Rumors In The Wemedia Era

In the context of the rapid development of the Internet,wemedia as a product of the Internet age is rising,and have a huge impact on people’s lives.Blog,personal space,micro-blog,WeChat circle of friends and other information release platforms have huge user base as a representative of the wemedia.These media at the same time to provide convenience,but also brings side effects,that is,network rumors.In recent years,the use of wemedia has a great impact on people’s lives,the social harm caused by network rumors is not to be ignored.lt is of great practical significance to strengthen the research on the criminal law regulation of the network rumors in the wemedia era.The wemedia is a immediate communication mode that individual or organization can access networks at any time,at any place,in any way,provide and share their thoughts,opinions,and their own news.Network Rumors are informations that has no factual basis,in the form of text,audio,video,or pictures,Through blogs,personal space and micro-blog,involving individuals,societies,or nations,and easily attracted to others.Network rumors in wemedia era have serious social harmfulness,other governance methods have some limitations,and they need to be regulated by criminal law.The crime of defamation,the crime of damaging commercial reputation and commodity reputation,the crime of defiance and affray,the crime of fabricating and spreading false terrorist information and the crime of fabricating and spreading false information in the Criminal Law constitute the basic system of regulating network rumors.The criminal regulations of internet rumors in China get some enlightenments from the practice of the United States,Britain,Germany and Japan.First,we must strengthen the criminal legislation,second we should improve the relevant supporting system construction.Although the the system of Criminal Law of our country of network rumors has been more effective,however,there are still some problems in the process of regulation of network rumors in wemedia era.The following suggestions are put forward according to the characteristics of judicial practice in China.The first is to clear the boundaries of freedom of expression and Internet rumors;the second is to clear the standard of "serious disorder of public order" in Crime of defiance and affray,the third is to clear the standards of private prosecution and public prosecution clear in the case of internet defamation;the forth is to improve the relevant criminal punishment measures.