网络谣言入罪的认定及其社会危害性

网络谣言犯罪作为一种偏激的言论表达,是一些人利用网民在信息不对称情形下的误听误信,实施诋毁他人名誉等非法目的的行为。网络谣言的本质属性不在于没有事实依据而是"未经证实"。从主观要件看,网络谣言犯罪要求行为人知道信息已经超越合理怀疑范围,可能为假仍予以发布传播。从社会危害性看,尽管网络谣言犯罪是通过网络言论实施的,但不管侵犯的是个人法益还是公共秩序,其本质都是传统法益的网络再现,而非完全异质的新型法益。

Determination and Social Harm of Network Rumor Crimes

Net work rumor crimes are illegal actions committed by using extreme speech to violate others＇ privacy or frame and so on. Meanwhile, netizens play an important role in the spreading of net work rumors for the lack of enough information which leads to their false belief and judgment. The essential attribute of net work rumor does not lay in short of faculty basis but for their unconfirmed characteristic. With view to the subjective elements of net work rumor crimes , it demands the behavior issue or transmit the information as they are fully aware that the information has been beyond reasonable suspicion, In the consideration of social harm of net work rumor crimes, though they are conducted by net work speech, the legal interests violated by them are traditional ones which take a new presentation on internet but not totally new type, no matter what they infringe are private interests or public order.