Legal Definition Of Rumors In The Administrative Penalties For Public Security

According to the law of the People's Republic of China on public security administration the provisions of the first paragraph of article 25,spreading rumors,intentionally disturbing social order behavior will be given administrative penalties.Rumors as is known to all,great harm to the social order and legal order,the rumors will affect the property safety of people,and even damage to people's mental health.Especially in the network environment for the spread of rumors provides greater convenience,a rumor around the country overnight,and even the world,the rumor causing harm is bigger and bigger.As a result,the rumor is not only,but also the need of national stability.But due to the regulation for the rumor involving citizens' constitutional rights-right to free speech,law did not make the distinction between specific standards;And,in the process of actual enforcement,both for the cognizance of rumors or to spread rumors behavior,law does not have clear boundaries.Therefore,when the law enforcement personnel do the job of punishing the rumor-mongering behaviors,and the court's judicial personnel do the judgment about the rumor-related administrative cases,is more according to the behavior than conviction,is as long as there is more to spread the message of behavior,no matter why,no matter is the subjective intent or negligence,shall be identified as spreading rumors,punishment to the administrative relative person.Our country has a large number of residents,and a small number of law enforcement personnel,so it's unable to meet the needs of the normal cases,and small cases without enormous harmful to the society will be easily closed for the efficiency reason.Especially in the handling the cases of spreading rumors,law enforcement authenticity of the content of the rumors,perpetrator's subjective consciousness and the degree of social harm,will not be treated like a criminal case as cautious,that is caused by the administrative relative person dissatisfied with the penalty of thepunishment filed a lawsuit,although the result is more rejected prosecution,but the social order of stability is the secondary damage.Therefore,in addition to the basis of the People's Republic of China on public security administration punishment law of punishment rumor mongers,must set up the standard of specification to make a clear legal definition of rumors,such as access to rumors governance related cases,differentiate between the freedom of speech and the rumor,the rumor of legal definition and evaluation standard to provide theoretical support.