代写范文

留学资讯

写作技巧

论文代写专题

服务承诺

资金托管
原创保证
实力保障
24小时客服
使命必达

51Due提供Essay,Paper,Report,Assignment等学科作业的代写与辅导,同时涵盖Personal Statement,转学申请等留学文书代写。

51Due将让你达成学业目标
51Due将让你达成学业目标
51Due将让你达成学业目标
51Due将让你达成学业目标

私人订制你的未来职场 世界名企,高端行业岗位等 在新的起点上实现更高水平的发展

积累工作经验
多元化文化交流
专业实操技能
建立人际资源圈

北美作业代写:Criminal regulations on Internet rumors

2018-07-12 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Criminal regulations on Internet rumors,供大家参考学习,这篇论文讨论了网络谣言的刑法规制。网络谣言,是指在网络这一特定的环境下,网络使用实体以特定方式传播的,对网民感兴趣的事物、事件或问题的未经证实的阐述或诠释。我们之所以要对网络谣言予以刑法规制,就是因为该行为会给他人、社会和国家带来一定的危害结果。网络造谣、传谣行为只有造成一定的危害,我们才应该将其纳入刑法的调整范围。

Criminal regulations, Internet rumors,essay代写,paper代写,作业代写

The Internet has no borders and there is no end to rumors. The Internet rumors generated by the combination of the two are a "war" without smoke. At the end of march, Shanghai and anhui provinces found three people infected with the H7N9 bird flu virus, two of them dead and one in critical condition. In the past half month, with the number of people infected with the H7N9 avian influenza virus increasing, the prevention and control of the H7N9 avian influenza epidemic has become the focus of attention and heated discussion on the Internet. However, in a watch the H7N9 pledge of bird flu, but someone is groundless, manufacturing, and on the Internet to spread rumors about H7N9 bird flu outbreak, make people panic, lead to the public security organs to spend a lot of manpower and material resources to eliminate the false information, eliminate the influence. In just half a month, online rumors of the H7N9 bird flu outbreak have emerged in shaoxing, shaoxing, xi 'an, shaanxi, shenyang, liaoning and hefei in anhui.

Internet rumors, it is to point to in a specific network environment, the spread of the Internet use entities in a particular way, interested in Internet of things, events or unproven elaborated or interpretation of the problem. To spread rumors H7N9 network of bird flu, is Internet users through weibo, QQ space, WeChat, post bar and other media, for the recent high-profile H7N9 bird flu outbreaks are unfounded, unsubstantiated or interpretation, makes some netizens believe that not only cause social panic, the government faces a crisis of confidence. As some scholars have said, the inherent characteristics of Internet technology have brought the spread and speed of rumors to an unprecedented level, and the influence of rumors has been gradually amplified and polarized.

Compared with traditional rumors, online rumors have more prominent features than traditional ones because they are equipped with the "wings" of online media.

An online rumor about the H7N9 avian flu outbreak has been sent synchronously to millions of netizens through sina weibo, tencent's weibo forwarding function, email, QQ group and other mass messaging functions. Online rumors can spread across cyberspace and around the world in minutes or hours. Moreover, Internet rumors are not limited by the time and space of traditional oral transmission, and the speed of transmission is often caught off guard.

According to the China Internet network information center released in Beijing 31 times China Internet development statistics report shows, until the end of December 2012, number of Chinese Internet users reached 564 million, Internet penetration rate of 42.1%. More and more large groups of Internet users, so that online rumors spread to more people. Just like the online rumors of the H7N9 avian flu epidemic, they spread across the country within a few days, causing high alarm from local public security authorities.

The virtuality, concealment and openness of the network make the rumor mongers more audacious. More than half a month has passed since the H7N9 avian flu outbreak was reported, even though many rumor mongers have been detained by the authorities. In the virtual network space, they are faced with a computer screen or mobile phone screen, rather than face to face with the general public, which makes their social responsibility by intangible, thus more wantonly make and spread rumors.

To some extent, Internet rumors have great harm and destructive power. Internet rumors may trigger the psychological panic of social groups, making the whole society filled with tension and fear. For example, the spread of online rumors of the H7N9 avian flu outbreak has caused panic and sleepless nights. At the same time, Internet rumors may interfere with the normal order of production and life, cause huge economic loss or other damage, such as the radiation caused by "rob salt events", causing salt price soared.

It is because of Internet rumors have all of these characteristics, making the rumor mongers, the tale is becoming more and more popular network, make the network become a perfect disinformation, tale crime tool, also makes Internet rumors are difficult to get effective regulation. Some scholars pointed out that "public security management punishment law punishment, as reflected in article 25 obviously and the serious consequences brought by the Internet rumors can not correspond, a lighter punishment can not effectively prevent continue to happen this kind of behaviour, no deterrent effect, also can't very well to protect the social order. Therefore, it is necessary to incorporate this behavior into the criminal law and use criminal means to combat this behavior.

The rapid development of the Internet has not only provided people with various conveniences, but also bred and spread various rumors. Various kinds of online rumors can always contribute to some things, turning events that are insignificant or even non-existent into major public events. The author believes that the following four aspects should be grasped:

Rumor mongers and disseminators have subjective intention and must be direct intention. The criminal law is modest. For an act, it should not be classified into the scope of adjustment of criminal law because of its social harmfulness, or it should adhere to the principle of subjectivity and objectivity. Only when there is evidence to prove that the perpetrator has subjective intention in carrying out the act of spreading rumors and spreading rumors, can it be included in the scope of investigation of criminal law. For those who do not know whether the content is true or false, and post or re-post, even if the content is later verified to be false, it cannot be deemed as online rumor mongering. Where a fault causes spiritual or property damage to another person, it may be settled by civil means, rather than as a crime of online rumors. In addition, the subjective intention of Internet rumor mongers and disseminators must be direct intention. In the process of the propagation of the uncertainty of network influence, role ambiguity, both in posters and organizers is likely to be difficult to control the development of events, the grasp of the crime subjective aspect only have to be more strict, otherwise may not injure the public opinion.

It must be some kind of fiction that makes or spreads. The so-called fabrication is to create false facts out of nothing. If netizens published posts or weibo content is the fact that do exist, or another, but it does some discrepancy, or just do generally exaggerated expression, should not be commonly identified as Internet rumors. For Internet rumors crime, if simply concoctive fact, fabricates terrorist information, but not in the network platform to release, or just in your own blog or QQ space of the encrypted log to show emotion, so cannot be identified as Internet rumors of criminal behavior.

Distinguish between the targets of online rumors. If the Internet rumors, tale behavior is for ordinary people, so as long as that network rumor, communicators have subjective intent, and created and spread false facts does give the victim the damage caused by rumors can be identified as the network crime. And if the Internet rumors, tale behavior in view of the organs of state power or public figures, so the public character of criminal law protection should be moderate, on the procedural law, should prove extent up the ante, reflect the guarantee of freedom of speech. The act of spreading rumors and spreading rumors on the Internet has caused certain harmful results. For Internet rumor, tale, as long as the offender is fabricated false facts do real harm to other people, society or country, and the actor has subjective intentional, rumors can be identified as the network crime. The reason why we should regulate Internet rumors is that it will bring certain harmful results to others, the society and the country. If a network rumors, although is the rumor mongers, tale deliberately, to spread, but the hyperbole is enough to make the Internet users to realize its false, also can not be caused by the rumor mongers is for personal or property loss. For this kind of behavior, also do not need to be included in the scope of criminal law adjustment to strike.

Online rumor mongering and rumor spreading should be included in the adjustment scope of criminal law only if they meet the above four requirements. We must always adhere to the principle of consistent subjectivity and objectivity, noting facts and presenting evidence for the crimes of spreading rumors and spreading rumors on the Internet.

In the face of increasingly fierce online rumors, the public tends to have a "believe it or not" mentality rather than carefully identify the authenticity of the information and forward it to their friends. If the Internet rumors are not promptly denied and controlled, it will inevitably cause irreparable losses. We must increase the sanctions against online rumors, which is extremely necessary for those who seriously harm online rumors to pursue criminal responsibility.

In China's criminal law, there are mainly the following charges related to the regulation of online rumors:

Libel is a crime of fabricating and disseminating a fact which is sufficient to discredit others and constitutes a serious act. The rumors created and spread by Internet fabricators and disseminators must be directed against specific individuals or persons who can be inferred to constitute the crime of libel. Internet rumor mongers and disseminators know that they know that the online rumors they create or spread are false facts that can damage the reputation of others, and they know that their actions will result in damaging the reputation of others. In addition, libel is belong to the crime of "tell to handle", so that only victims of Internet rumors tell that on Internet rumors, tale behavior to initiate an investigation, but cause serious damage to social order and national interests.

Commercial reputation, commodities reputation damage, refers to fabricate and disseminate falsehoods, damage to the commercial reputation, commodities reputation of others, has caused a serious loss to others, or there are other serious circumstances. The crime of fabricating and spreading false facts is also directed at specific companies and enterprises. , for example, the offender on weibo post said after taking a certain company's product can lead to fetal abnormalities, or lead to false information, such as children's IQ this behavior has hurt the company business reputation, product reputation, so it can be considered as damage commercial reputation, commodities reputation.

The crime of fabricating or intentionally disseminating false terrorist information. Fabricated, terrorist deliberately spread false information, refers to the man-made explosion threats, biochemical threats, radiation threats such as terrorism, information, or knowingly deliberately fabricated the horrors of the information transmission, seriously disrupting social order. The charge was used to severely punish ACTS intended to create social terrorist information and disrupt social order. The establishment of this crime requires "serious disruption of social order". If it only causes the fear of a particular individual or unit, but does not seriously disturb the social order, it cannot be regarded as the crime.

In addition to the above three major crimes, the system may also include Internet rumors, inciting subversion, inciting fission country crime, are not allowed to disseminate the securities and futures transaction false information crime, incite ethnic hatred, ethnic discrimination, organization, inciting violence against law enforcement, USES superstitious sects or secret societies or evil religious organizations, the use of a breach of the law enforcement superstition, USES superstition deadly sin, wartime disinformation to disrupt the morale of sin, all those involved in wartime.

The law is lagging behind and there are loopholes. Through the analysis of appeal, it can be seen that the current crime system of regulating online rumors in China's criminal law is defective and needs to be improved through criminal legislation.

First, make up, spreading false terrorism information required behavior person fabricating and spreading false information is a terrorist, so as long as the object for the particular network rumors have not been as terrorist "false information", would not be qualitative to fabricate, spreading false terrorism information, also cannot be incorporated into the scope of the adjustment of the criminal law. Which aimed at the specific objects of Internet rumors if disturbing social order, also can only according to "public security management punishment law the provisions of article 25 of the offender sentenced to detention or a fine of administrative penalty, the criminal means he could do nothing. Some scholars put forward, and should be extended to fabricate, deliberately spread false information crime scope of terror, from merely sanctions "fabricated, deliberately spread false information on" terrorist ", to extend sanctions "fabricating, intentionally spread" all "serious damage to the social order and national interest" false information. So, we should consider through the criminal law amendment, cancellation "fabricated bomb threats, life threatening, radiation threat terrorist information such as" the limits of the regulation, so as to expand the scope of fighting this crime.

Secondly, the legal punishment for the crime of regulating Internet rumors in China's criminal law is too low to be suitable for crimes. The maximum sentence for libel is three years' imprisonment. The maximum punishment for damaging business reputation and commodity reputation shall be two years' imprisonment. Therefore, we can consider raising the legal penalty for these crimes. To be specific, for the crime of libel, additional provisions may be considered: "if the circumstances are especially serious or cause serious consequences, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years". And to damage the business reputation, product reputation, first of all, the old "has caused a serious loss to others, or there are other serious circumstances, be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and concurrently or independently be sentenced to a fine" changed to "has caused a serious loss to others, or there are other serious circumstances, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine". Then, it is added: "whoever causes special heavy losses to others or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined".

51due留学教育原创版权郑重声明:原创paper代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务有essay代写、assignment代写、paper代写服务。

51due为留学生提供最好的paper代写服务,亲们可以进入主页了解和获取更多paper代写范文 提供作业代写服务,详情可以咨询我们的客服QQ:800020041。

上一篇:北美作业代写:Western marxism 下一篇:北美作业代写:Chinese and western att