Compared with traditional rumors,the harm of online rumors has not increased dramatically,therefore the criminal law should maintain rationality and restraint when regulating online rumors.Online rumors,as information carrier,have multiple aspects.Correspondingly,rumors regulated by criminal law should have three characteristics,which are false content,factual speech,and a close connection to real life.Chinese criminal law has built a system to comprehensively reg-ulate online rumors,but in specific applications,it should balance the social protection and human rights protection func-tions of the criminal law from the following two aspects.At the macro level,the idea that criminal law should not excessive-ly criminalize speech has to be established;At the micro level,criminal protection towards public interests and individual interests should be distinguished and the latter should be enhanced.One feature of cyber space,namely the order of it,makes the interconnection of different real spaces possible.Spreading rumors on the internet without causing chaos in the real space does not fall in the regulation of criminal law.When criminalizing the dissemination of online rumors,the sub-jective knowledge of the rumor spreaders should reach the level of"really have known",and the dissemination behavior af-ter the online rumors have been falsified is not materially harmful and should not be readily criminalized.
万方数据
维普
