On The Criminal Law Regulation Of Network False Information In The Age Of We-media

In today’s booming Internet technology,especially in today’s booming mobile Internet,information technology is being combined with the media industry and the form and means of information dissemination is undergoing profound changes.New social networking sites such as Micro Blog,We Chat and Tik Tok have emerged and become important channels for Internet users to communicate and share information,and the era of We-Media 3.0 has arrived.As an emerging medium,We-media has a new mode of thinking and communication,and its high-intensity interactivity helps break the constraints of time and space,and the form of publishing information anytime and anywhere can meet the public’s diverse needs for information content.We-Media provides a brand new platform for people to express their thoughts and opinions,a brand new way to communicate ideas and forms of communication,provides more groups with the opportunity to keep up to date with the latest developments,and also allows more people to express their views and make comments on We-Media,expanding the scope of participation in citizens’ democratic consciousness,better helping people to exercise their constitutional right to freedom of expression,effectively safeguarding people’s democratic rights and promote social harmony and stability.Freedom of expression is not a concrete and measurable legal concept,and its connotation and extension may be subject to different degrees of expansion and restriction depending on the objective circumstances.While Internet users have fully exercised their right to freedom of expression,it is more difficult to grasp the boundaries of freedom of expression,resulting in many statements that have the potential to cross the boundaries of freedom of expression,such as statements that violate constitutional principles,moral and ethical norms,fictitious facts and alarmist statements,which take advantage of the strong interactive nature of We-Media in an attempt to cause a storm of public opinion with false information,which seriously endangers personal interests,the order of social life,and even national security.At present,China has not yet formed a systematic legal system for the segment of false information on the Internet,and the harm caused by some of the false information on the Internet to the society is not only at the level of violation of the law,but even reaches the standard of criminalization in criminal law.In order to strengthen the complementary and safeguard function of criminal law for network false information,we need to clarify the connotation of network false information in the era of self-media,grasp its characteristics and composition elements;clarify the boundary of state regulation of network information,reasonably define the scope of legal responsibility;prudently determine the scope of application of criminal law,which is an important prerequisite for improving the system of criminal responsibility for network false information,carefully grasp the scale played by criminal law,and avoid deviations in the application of the law due to legislative loopholes.This thesis is divided into three main parts.The first part,in the form of a general introduction,firstly elaborates on the concept of self-media and its development,secondly defines online false information,and through the analysis and summary of the characteristics of false information and its identification methods,provides a comprehensive understanding of the connotation of false information and avoids excessive interference with the constitutional right to freedom of expression,and finally elaborates on the social harm of online false information,freedom of expression is not boundless,and only by fully It is only by fully discussing the need for criminal regulation of online disinformation that the intervention of criminal law can be ensured to be adequate and necessary.In the second part,the current situation of the criminal law system of network false information is explained,and the existing system of crimes of network false information is analyzed.The crimes of network false information are divided into exclusive crimes,such as the crime of fabricating and disseminating network false information,and non-exclusive crimes,such as the crime of defamation and the crime of provocation and nuisance.For these crimes,the focus is on online defamation,which infringes on specific individual legal interests,online provocation,which infringes on public order and social order,and the new offence of fabrication and intentional dissemination of false information,and their characteristics and the highly controversial issues in judicial practice are systematically analyzed.In the third part,in order to improve the path of criminal regulation of online false information,the boundaries of the legislation should be determined from the perspective of criminal legislation,and the legislative principles of cybercrime should be followed,namely,the principles of modesty,substantive legal interest infringement and substantive malice of criminal law;and then suggestions should be made to improve the existing crimes related to online false information crimes,namely,exclusive legal provisions should be made for online false information crimes,the abuse of the crime of provocation should be reduced,the scope of "false information" in the existing crimes should be expanded,and the manner of behavior of all online false information crimes should be unified.