A Separate Conviction Study on Online Rumors and False Information Dissemination in China

Research Article
Open access

A Separate Conviction Study on Online Rumors and False Information Dissemination in China

Qianyu Tang 1*
  • 1 Beijing Institute of Technolocy    
  • *corresponding author 211512102979@bitzh.edu.cn
Published on 26 October 2023 | https://doi.org/10.54254/2753-7048/16/20231120
LNEP Vol.16
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-057-8
ISBN (Online): 978-1-83558-058-5

Abstract

With the rapid development of the Internet in the 21st century, more and more people choose to conduct social and other related activities in the online world, so the spread of online rumors and false information has become more frequent and threatening. In view of these practical factors, this paper mainly uses the method of legal normative analysis to study the separate criminalization of online rumors and false information dissemination in China. How to better face the rampant Internet chaos and the proliferation of criminal behavior. At present, China’s criminal law norms have undergone two amendments and two judicial interpretations, but there are still many problems. The victims of personal and property rights that have not been properly protected are increasing with the development of the Internet, and it is all the more necessary to separately criminalize the spread of online rumors and false information. This article argues that it is necessary to add separate crimes to the criminal law to regulate it. This article focuses on the contradiction between China’s current technological development and the old regulations. This has led to difficulties such as the criminal law cannot correspond to all online rumor-mongering behaviors, and the interpretation of the regulatory scope of false information is not clear enough. Attempts were made to change the status quo by separate legislation and additional interpretations. At the same time, the question of defining the boundaries of the offence, focusing on separate convictions, illustrates the necessity of such a move. In order to improve the green environment of the Internet, improve the stability of the Criminal Law, and improve laws and regulations.

Keywords:

online rumors, false information, separate legislation

Tang,Q. (2023). A Separate Conviction Study on Online Rumors and False Information Dissemination in China. Lecture Notes in Education Psychology and Public Media,16,111-117.
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References

[1]. Li. L., Hao J.J. (2022) The criminalization boundary of fabrication and intentional dissemination of false information in online social platforms. Jing Chu Academic Journal, 23(03): 56-60+75.

[2]. Lin. H. (2021). The improvement of the legal system of online rumor governance.Administrative Law Research,4:69-81.

[3]. Liu. Y. (2021) Research on the Criminal Law System of Online False Information. Chongqing: Southwest University of Science and Technology.

[4]. Liu. X.H. (2023) The dilemma and response of criminal regulation of online rumors.Legal Expo,1:142-144.

[5]. Yu. B. (2022) Criminal regulation of online rumors that disrupt public order.Journal of Taishan University,44(02):70-78.

[6]. Yao. F.S. (2022) Research on the Lawful Governance of Online Rumors:The Practice of Criminal Law.Guangxi Social Sciences,7:15-23.

[7]. Lin. Z.M. (2022) Research on the criminal law system of online rumors.Legal Expo,27:73-75.

[8]. Chen. X.l. (2021) Types of cybercrime and its judicial determination.Rule of Law Research,3:3-16.

[9]. Kang. T.K. (2023) Legal regulation of online rumor crime based on criminal law perspective.Legal Expo,5:142-144.

[10]. Liao. B.,He. X.B. (2015) On the criminal system of online false information.Application of Law,3:37-42.

[11]. Jiang. S.H. (2012) The formation, transmission and public opinion guidance mechanism of online rumors.Chongqing Social Sciences,6:12-20.

[12]. Xu. Y.Q.,Sun. P. (2023) Research on the criminal law system of online rumor crime in public emergencies.Journal of Shaanxi Institute of Administration,37(01):93-97.

[13]. Huang. C. (2023) Research on the controversy of judicial recognition of the crime of online rumor-mongering and provoking trouble.Journal of Taiyuan University of Technology(Social Science Edition).2:1-8.

[14]. Xu. Y. (2020) On the criminal responsibility of “online violence” for suicide and death.Political Science and Law Forum,38(01):132-142.

[15]. Zhang. X.,Chen. X.Y. (2021) On the legitimacy of the establishment of criminal liability for suicide death caused by “online violence”.Law and Society,9:25-26.

Cite this article

Tang,Q. (2023). A Separate Conviction Study on Online Rumors and False Information Dissemination in China. Lecture Notes in Education Psychology and Public Media,16,111-117.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

ISBN：978-1-83558-057-8(Print) / 978-1-83558-058-5(Online)
Editor：Javier Cifuentes-Faura, Enrique Mallen
Conference website: https://www.iceipi.org/
Conference date: 7 August 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.16
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Li. L., Hao J.J. (2022) The criminalization boundary of fabrication and intentional dissemination of false information in online social platforms. Jing Chu Academic Journal, 23(03): 56-60+75.

[2]. Lin. H. (2021). The improvement of the legal system of online rumor governance.Administrative Law Research,4:69-81.

[3]. Liu. Y. (2021) Research on the Criminal Law System of Online False Information. Chongqing: Southwest University of Science and Technology.

[4]. Liu. X.H. (2023) The dilemma and response of criminal regulation of online rumors.Legal Expo,1:142-144.

[5]. Yu. B. (2022) Criminal regulation of online rumors that disrupt public order.Journal of Taishan University,44(02):70-78.

[6]. Yao. F.S. (2022) Research on the Lawful Governance of Online Rumors:The Practice of Criminal Law.Guangxi Social Sciences,7:15-23.

[7]. Lin. Z.M. (2022) Research on the criminal law system of online rumors.Legal Expo,27:73-75.

[8]. Chen. X.l. (2021) Types of cybercrime and its judicial determination.Rule of Law Research,3:3-16.

[9]. Kang. T.K. (2023) Legal regulation of online rumor crime based on criminal law perspective.Legal Expo,5:142-144.

[10]. Liao. B.,He. X.B. (2015) On the criminal system of online false information.Application of Law,3:37-42.

[11]. Jiang. S.H. (2012) The formation, transmission and public opinion guidance mechanism of online rumors.Chongqing Social Sciences,6:12-20.

[12]. Xu. Y.Q.,Sun. P. (2023) Research on the criminal law system of online rumor crime in public emergencies.Journal of Shaanxi Institute of Administration,37(01):93-97.

[13]. Huang. C. (2023) Research on the controversy of judicial recognition of the crime of online rumor-mongering and provoking trouble.Journal of Taiyuan University of Technology(Social Science Edition).2:1-8.

[14]. Xu. Y. (2020) On the criminal responsibility of “online violence” for suicide and death.Political Science and Law Forum,38(01):132-142.

[15]. Zhang. X.,Chen. X.Y. (2021) On the legitimacy of the establishment of criminal liability for suicide death caused by “online violence”.Law and Society,9:25-26.

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