更新时间:2024-09-07
传播“穿井得一人”者会因言获罪吗?
袁晓新(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第6期  
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AI 摘要

This article explores the accuracy of information dissemination through the story of "finding a person through a well" in the "L ü shi Chunqiu". In the story, the Ding family of the Song Dynasty mistakenly claimed to have "obtained a person" due to digging a well, leading to rumors circulating in the capital. The article points out that ancient information dissemination was limited, while modern networks have accelerated the spread of rumors, causing damage to social order and public interests. The Xinhua Dictionary and the Modern Chinese Dictionary define rumors as news without factual basis. The article suggests that if modern people spread similar rumors through social media to attract attention or earn traffic, they may be punished for their words.

1、 The legal provisions in China regarding rumor spreaders

Our country's laws have clear regulations on those who spread rumors, including the Public Security Administration Punishment Law and the Criminal Law. The Law on Public Security Administration Punishments stipulates that spreading rumors and falsely reporting dangerous situations can be punished with detention and fines. The Criminal Law stipulates that those who fabricate false information and spread it, seriously disrupting social order, may be sentenced to fixed-term imprisonment, detention, or public surveillance. The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Use of Information Networks for Defamation and Other Crimes further clarifies the legal responsibility for online rumors, stipulating that those who fabricate false information or knowingly spread false information, causing serious public disorder, shall be convicted and punished for the crime of provocation and disturbance.

2、 The standard for assuming responsibility for spreading rumors

Discussed the legal responsibilities that individuals who intentionally spread rumors may face under the modern legal framework. If the disseminator knowingly spreads false information on the internet for the purpose of increasing fan base or attracting attention, causing public disorder, it may constitute the crime of provocation and disturbance. At the same time, even forwarding unverified information for curiosity or casual chat purposes may violate the law.

3、 The Strategy of the King of Song in Dealing with Rumors

The monarch of the Song Dynasty effectively responded to rumors and enhanced the credibility of the government through investigation and disclosure of the truth; The public should verify the authenticity of information, not easily believe in its dissemination, promptly report rumors that endanger national security and social order, and protect personal rights and interests.

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