The Criminal Law System Of Online Rumors

In just a few decades,the network is no longer just a medium for information exchange and dissemination.It is intimately related to civic life and work.While the Internet has brought us convenience,it has also promoted the rapid growth of the seeds of crimes mediated by the Internet.As a derivative of the rapid development of the Internet,Internet rumors have become an significant issue to be solved urgently.After the deep combination of ordinary rumors and network technology,not only the social harm increases geometrically,but also reduces the public’s sense of trust in all kinds of information,which leads to mass events,damages the image of the national government,sharply increases social instability,and seriously impacts the traditional legal system.In practice,such as "Qin Huohuo" case,nationwide "salt storm",Li Wenliang case and other similar events,the governance of online rumors is imminent.In this context,in-depth study of the criminal regulation of Internet rumors is of great significance to improve the theory and practice of Internet rumors governance.The difference between Internet rumor and traditional rumor lies in the particularity of its carrier information network.With the vigorous development of Internet technology,the negative impact on people is also gradually emerging.Internet rumor relying on this carrier has more harmful characteristics than traditional rumor,such as fast propagation speed and wide propagation range,serious harmful consequences and long duration,simple rumor making method and low cost.It is precisely because of these characteristics different from traditional rumors that online rumors are more harmful than traditional rumors,and more efforts need to be made to rectify and restrict them.At present,China’s criminal governance of Internet rumors is not only mainly applicable to the traditional crimes of defamation,provocation and extortion,but also often applicable to the new crimes of fabricating and deliberately spreading false information,which are specially used to combat Internet crimes.However,in terms of the current situation of criminal governance,the legislation reflects the limitations such as the unsystematic charge setting of Internet rumors,the unreasonable legal penalty setting,and the ineffective relief of private prosecution cases.It is also easy to fall into the dilemma of difficult identification of various charges in judicial practice,which is difficult to effectively crack down on Internet rumors.In view of the serious harm of Internet rumors to national legal interests,social legal interests and personal legal interests,China should focus on the shortcomings of current legislation and judicature on the criminal governance of Internet rumors,and gradually improve the criminal governance of Internet crime by improving the charge system of Internet crime in legislation,reasonably setting legal punishment,and unifying the identification standards of various charges in judicial practice,We should actively deal with cyber crimes,including cyber rumors,in order to purify the cyber environment and effectively curb all kinds of cyber crimes using the Internet as a tool.