The Criminal Law Governance of Online Rumour from the Perspective of Connotation and Legal Interest Reconstruction
The governance of online rumor in Criminal Law of the People's Republic of China is mainly reflected in the applica-tion of specialized charges such as the crime of fabricating and intentionally spreading false information.In these charges,the le-gal term"false information"is synonymous with online rumor from the perspective of the principle of legality.However,the connotation of online rumor includes the theory of unsubstantiated nature and the theory of falsehood.The former should be aban-doned because it has inherent defects and will cause many legal and social problems.The latter should be used to interpret the le-gal term"false information"and thereby reshaping the connotation of online rumor,but supporting measures needs to be taken to protect it in judicial practice.As an alternative measure,the public security organ can identify unverified information as online rumor and impose a public security penalty on the conductor in accordance with Law of the PRC on Public Security Administra-tionunder the premise of prudence and conservatism.According to the theory of falsehood,the legal interest of the crime of fab-ricating and intentionally spreading false information can be reshaped as the public's right of knowing the truth of specific public events,and the legal interest of the crime of fabricating and intentionally spreading false terrorist information can be reshaped as the public's right of knowing the truth of terrorist events and the right of spiritual tranquility.In this way,the rule of law and the rationalization of criminal governance can be further realized in the field of online rumors.
online rumourinformationdataInternetspreadthe criminal law governance
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