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Legal Governance Of Online Rumors

Posted on:2020-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:K T DuFull Text:PDF
GTID:2416330572971819Subject:legal
Abstract/Summary:PDF Full Text Request
Since China entered the Internet in 1994,the Internet has played an increasingly important role in daily life.The Internet has a huge amount of information and a fast speed of communication,which is convenient for people's lives.However,due to the virtual nature of the network,inadequate supervision,and difficulties in obtaining evidence,Internet rumors have become extremely active on the Internet.China's governance of online rumors has basically achieved legal compliance,but compared with other countries,China's governance methods are relatively simple,and the governance effect has not been satisfactory.In conceiving this article,the author starts from a macroscopic perspective,draws on the knowledge of communication,breaks the boundaries between disciplines and departmental laws,and gives a relatively complete set of governance measures.The first part is the Basic problem analysis.This section introduces the theme of online rumors based on the introduction of the status quo of China's Internet development.In contrast to the research of Chinese and foreign scholars,starting from the academic definition of Internet rumors,the legal definition of online rumors is given.Analyze the specific characteristics of network rumors,pave the way for the corresponding governance measures in the following texts,and consider the necessity of network rumors governance from the two dimensions of reality and jurisprudence.The second part analyzes China's governance measures in network rumors.Starting from the three perspectives of legislation,law enforcement and justice.In the end,we have come to the shortcomings of China's governance network rumors,the legislative aspects:1,the current legal provisions are more scattered.lack of special legislation on Internet rumors.2.The subject of special legislation is not clear and is rather confusing.3.The current criminal legislation is difficult to meet the requirements and needs to be further improved.Law enforcement:1.The functions of law enforcement departments overlap.2.Information disclosure is not timely.3.The implementation of the real-name system of the network is not in place.Judicial aspects;due to the lack of legislation,the judiciary has the suspicion of judging.judicial justice when discriminating specific cases,and the line between the cyber rumors and freedom of speech is vague,and there is the possibility of infringing citizens' freedom of speech.The third part,with Germany,the United Kingdom,and the United States as an example,focuses on the analysis of the advanced experience of rumors of extraterritorial state governance networks.By introducing the advanced governance measures of extraterritorial countries,comparing the shortcomings of China,we will learn from the beneficial components and make up for the shortcomings of China.The fourth part,based on the analysis of the first three chapters,finally draws a set of systematic governance measures.In the legislation:promote the special legislative activities to carry out network rumors,improve the legal governance system of online rumors,and clarify the standards of accountability.In law enforcement:improve the network rumor governance implementation mechanism,pay attention to the application of the proportional principle in law enforcement,set up a news center to solve the problem of insufficient information disclosure,and fully implement the network real name system.In the judiciary:Strictly convict and sentence according to law,strictly abide by the boundaries of freedom of speech and protect citizens'freedom of speech.At the same time,it pays attention to the self-cleaning role of the society,and plays the role of Internet service providers,network associations and industry organizations to realize the governance of network rumors.
Keywords/Search Tags:internet, network rumors, legal governance
PDF Full Text Request
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