Research On Criminal Law Regulations To Internet Rumors

Internet rumor crime,as the name suggests,refers to the use of the Internet as a criminal tool to create and spread false information.Because this behavior spreads quickly and covers a wide range,it has serious social harm.It will cause serious infringements on personal interests,destroy the order of social operation,threaten the stability of political power and the unity of the people.Therefore,it is also criminal and punishable.These characteristics make Internet rumors crime gradually become a key issue of government social governance in various countries.Looking at the current criminal law and accusation system for internet rumor crimes,there is no single criminal law or exclusive accusation specifically applicable to internet rumor crimes.In judicial practice,most adopt the form of "new wine in old bottles" and apply traditional speech crimes to regulate internet rumors crimes.The Criminal Law Amendment Nine provides for the crime of fabricating and deliberately disseminating false information.In formulating the crime,four categories of rumors have been defined within the scope of the penal system,and the application of online rumored crime is becoming more and more specific.Although the theoretical research has been continuously improved,insufficient theoretical research will be reflected in practice.In this post,three examples are given to provide criminal content with a view to the law enforcement investigation for cyber criminals.At the beginning of the article,the focus of controversy is brought out by typical cases.Combined with the Qin Huohuo misinformation case,Li Er ChaiSi misinformation cases andGui Min misinformation case.The issue of serious public disorder standards,the issue of criminalization of online defamation and the issue of the subject of responsibility.The second part makes the legal concept of online rumor crime known,and proves that it is reasonable to use the criminal law to control the crime of internet rumors.Defining the basic legal concepts will get you started,the definitions and characteristics of network rumors,network rumors and characteristic of network rumors crimes are listed respectively.In addition to the criminal law,there are other legal provisions that can be used to convict and punish the crime of inteinet rumors.To reflect the importance of the criminal law,we must first prove the rationality of using the criminal law to control internet rumors.First introduce the social harm that may be caused by the use of Internet rumors,and then explain the rationality,necessity and advantages of the criminal law to control.The third part mainly analyzes the current situation and puts forward some questions.In the face of the actual situation,summarize the actual problems,the cases and charges listed above need to be summed up together.The three main problems summarized are:the standard of serious disorder of public order is not clear,the incriminating standard of online defamation is vague,the subject of responsibility is narrow and the criminal law setting is unreasonable.The fourth part is the suggestion to improve the criminal legal regulation of online rumors.This part of the content responds to the problems of the current criminal law to control the network rumor crime summarized in the previous part.Starting from four angles,that is,defining the standard of serious disorder of public order,defining the incriminating standard of online defamation,expanding the scope of responsible subjects and optimizing the penalty setting.