Study on the Remediation Model Construction of the Network Rumors

Abstract. Internet rumors had a great harm， the government has taken many measures to control， but the effect is still not clear， as they may result in infringement on freedom of expression， and even the voice of doubt. In fact， the network rumor is not terrible. The terrible is not adopting sophisticated measures. You can improve the legal， information disclosure， government responsibility， and technology governance and emphasize media ethics and civic education to start a rational discourse， providing a multi-pronged solution for network management integration rumors.

Keywords： Internet rumors， Legislation， Information Disclosure， Government Responsibility， Governance， Civic Education

1. Introduction

In recent years， the government and the judiciary has increased the rumors hit the network， but there are rumors views on governance networks in the community that there are legal norms lack of emphasis on combat than prevention， information transparency led to rumors， concentrate on combating the problems. But rumors are rumors， after all， from a sound legal system， good information disclosure， the government foster a sense of responsibility， focusing on the role of technology， media ethics and rationality emphasizes civic education and other aspects of Internet rumors have come a Story-style comprehensive renovation.

2. The law can stop the rumor； the governance of Network rumor is fundamental

Laws and regulations regarding online speech laws and decisions are NPC Standing Committee， the State Council of the seven administrative regulations； departmental rules 47， and the Supreme Court judicial interpretation 7. Another criminal law， law and order punishment law， minors’ protection law， civil law， also are involved. The introduction of these laws and regulations to regulate the behavior of Internet users and provides a legal basis for punishing the rumors， but there are many relative lack of foreign norms. Internet rumors involving a network of laws and regulations is also an issue of speech or expression， involving speech legislation， whether it is constitutional norms or legislative regulation， or "United Nations Declaration of Human Rights，" Article 29 requirements， restrictions on the fundamental rights of the general importance only by the law proceed. But for online speech norms， in addition to the NPC Standing Committee decided that all lower-level legislative rules and regulations， and even local laws and regulations are to limit， which inevitably encounter legal basis in the fight against Internet rumors inadequate or low-level problems by applicable law. Thus， building sound network management legislation is a priority network of rumors. First combat cyber rumor inevitably touch on freedom of expression， so to existing low-level administrative regulations， local regulations to clean up， make sure that legislation to combat Internet rumors protection of human rights and withstand constitutional review. Secondly， as soon as possible to develop a high-level， such as "Personal Information Protection Act，" "National Security of Information Act，" "Network Information Protection Law" and other series law.

Due to lack of legislative experience of laws and regulations on the practice problems can not be effectively covered， legislative gaps exist. Such as how to define the network rumors and rumors first manufacturer to fabricate and spread rumors， or delete posts profit after the so-called rumor， how sanctions cannot legally based. Some provisions only in principle， with "no"， "not allowed" and other vague provisions， the specific violations cannot operate effectively. While the content identified by non-legal concept or epitaxial broadly defined as "the basic principles of the Constitution shall not oppose"， "no harm national honor and interests"， "no harm public morality or national cultural traditions"， in the face of interpretation set When the government and law enforcement powers rolled into one， easy to cause harm "public order"， "public interest" and "damage the reputation of the government" and other pockets sin. These law enforcers and the law-abiding will have any understanding on the law， and ultimately damage the credibility of the government and individual citizens rights. So pay attention to the legislation legislative principles and techniques to do the scientific definition of rationality in terms of legal， judicial practice to enhance the relevance and feasibility for enforcement and compliance in the right direction.

Network has more virtual， freedom of cross-border and uncontrollable need new thinking and institutions to deal with. But rumors of the network management department as many NPC， the State Council， the publicity department of science and technology departments， the judiciary， the public security department， information technology department， journalism， publishing dozens of radio and television departments which are involved， there is more long flood control and rights responsibility unknown. As for the public security organs involved in the virtual space， judicial rulings involving online speech and other issues， because of costs related to the jurisdiction and many details， the relevant departments in line with multi-less attitude of "cautious" cause "multi flood dragon" into " No flood dragon "eventually become" dead. " This requires a network of rumors in the fight against the main force to aggregate the different law enforcement， the scientific division of responsibilities， coordinate related work， in order to win the fight against and prevention of network rumors "war". To clear the main law enforcement practice， the establishment of information security committee at the national level， coordinated advocacy， technology， stability maintenance， military， police and judicial multispectral， command information management， responsible for coordinating all forces do network rumors collection， monitoring， prevention， Combat and rehabilitation work.

Rumors of the network management， and other areas in the "strike hard" similarities， the network is very rampant rumors of serious harm to society， to the intolerable when the government， the public security for a short time led joint multi-sectorial massive crackdown. Early 2013 launched large-scale crackdown on Internet rumors， though fruitful， but also there are different voices of doubt， this is mostly due to our mechanism to combat sexual and not well-integrated prevention and control mechanisms. Rumors on the network of existing laws do fragmented governance norms in principle on how to supervise the law， how to identify， how to correct and how to punish alleged crimes， such as who has the right to report， how to file， collect evidence， and the trial and punishment inadequate provisions for future prevention mechanisms. Practice to treat the network to correct the attitude of rumors， some of the rumors are not groundless， the government should pay attention to changes in the functions of opinions and suggestions seriously listen to the people， according to the timely disclosure of government information， the focus of attention networks. Can not be criticized by people "campaign-style" way of fast heavy blow from law enforcement， pay attention to daily grooming and monitoring public opinion， so early detection and prevention of early hit， avoid the bigger network rumor round hit a large area.

Criminal Law 105 provides for spreading rumors， slander or otherwise inciting subversion of state power and overthrow the socialist system， five years imprisonment， criminal detention， public surveillance or deprivation of political rights； ringleaders who commit major crimes， at least five years imprisonment. Section 221 of the fabricated and spread falsehoods to damage other people's business reputation， product reputation， causing significant losses to others， or there are other serious circumstances， at the following two years imprisonment or criminal detention， and concurrently or a fine. Penal Code expressly provides for criminal penalties network rumor， but in practice the majority give a lighter punishment， such as warnings， fines and administrative detention， so one of the reasons is the lack of punishment rumors rampant. Extraterritorial mature approach can learn from， "German Criminal Code" provides that where there is wrong， and knowing that the rumors may produce anxiety in the crowd also intends to spread and endanger the public order， shall be sentenced to a maximum six months imprisonment or a fine. Korean "Basic electronic communications" provisions in order to harm the public interest for the purpose of spreading the use of electronic communications equipment blatantly false information will be sentenced to five years imprisonment， a fine of 50 million won also. Proposed to increase the criminal liability limit increase was hurt citizens and corporate support to civil commitment can not bear the weight of economic sanctions， let it not be credited to the credit files and other relevant work， I believe that increasing the cost of illegal network after rumors will subsequently disappeared or significantly reduced.

3. Public can stop the rumor； government information disclosure is an important way to improve the comprehensive management

Government is the largest producer of information and the owner， or if the public interest and the public interest is not timely disclosed the relevant information， resulting in the official opinion of vacuum will be filled when the rumor. Rumors spread rumors formula is an American scholar on the strength （Rumor） = ambiguity （ambiguity） × importance （importance） ÷ audience judgment （judgment）， prove the importance of relying on Internet rumors that the message and the message of life-related degree of uncertainty， combined with the ability to discriminate different wantonly spread rumors， are irrational expression. But the reason why a rumor rumors， according to the "there is reasonable"， the information is not timely public authority is an important reason. Whereby the government should do the following：

3.1 Regular and timely public information enhanced information uncertainty， to give people the opportunity to spread rumors

Information disclosure extraterritorial experience for reference， such as the United Kingdom is "Citizens Advice Bureau" to establish such a government-funded agency set up in the community， staffed by volunteers， provide opportunities for people to get to the root of. American "traveler Daily Herald" reset “rumor clinics” specifically refutes the rumors. Police promptly rumor， an emerging social concern events， press conferences held intensive public information. The Government has promptly correct rumors people money， so the official overcome with authoritative information network rumors， win people's trust and to avoid possible loss of government should do and things to do. But rumor slow， single mode， the contents of obscure issues in the disposal of the government there are a lot of rumors in the network. So establish regular and timely government information disclosure mechanism to avoid the ambiguity of information， enhance information uncertainty， to give people the opportunity to become Governance Network rumor rumors best life-saving drugs.

3.2 Construct workable system， from the government point of view summary comprehensive remediation plan

For network governance is not only a rumor macro cope law should also develop a viable response to the regularity of the rumor from the government perspective.

First， set up a special monitoring body of public opinion， the occurrence of rumors on the network， transmission， diffusion specialized monitoring， analyzing， publishing and aggregation， etc.， for the relevant departments to prepare rapid response data， intelligence， and related personnel such as science， fixed and precision strike rumors and rehabilitation network to lay a good foundation. Second， the formation of efficient and authoritative information release mechanism， timely disclosure of information to avoid rumors spread. Spokesperson system requirements in the event of a network of rumors， received a public opinion monitoring information does not drag afraid to push， to commence immediately in accordance with the emergency plan to deal with. Third， the establishment of international， national and regional level information coordinator， involving cross-border， regional and sectorial networks rumors， the coordination of national and regional-level information platform for the collection of information carried， anticipation， coordination， investigation， verification and preliminary judgment， the need for government， public security organs， judicial intervention， timely notification to provide early warning and detailed pre-sentence reports， etc.， in order to accurately determine the disposition to provide detailed information and comprehensive information in the shortest time.

4. People can stop the rumor， and the sense of service is the core of a comprehensive remediation

Government should follow the development of the Internet age requirements， have the ability to adapt to the complex network environment to work and use it as an opportunity to enhance the ability of the government to adapt， exercise response capacity to tolerate exercise force in order to better serve the people.

4.1 Enhance the government's responsibility and sense of service

If the government can do for the sake of the performance of their duties in the interests of the people， from the administration， and to combat and reduce corruption， improve people's living standards and other aspects of efforts to build the rule of law， transparent， clean and efficient government， to become the people's satisfaction with government， may generate network rumors will be less， I believe will be fewer rumors， and will be less willing to secondary spread disinformation， this is the root of the problem， once and for remediation network rumors the best way.

4.2 Equal to crack down on official rumor enhance the government's credibility

Officer folk ballad relatively greater concealment， and worse dangers demonstration， so the government should combat and combat ballad as ruthlessly even greater intensity. Official rumor is through the official's mouth， through official channels， the authority is not real and false news issued in the name of the official， generally appear after the ballad， because it dressed "official" coat makes more harmful than ballads. Easy hit ballad， but it will become more difficult to combat officer more complicated. Official combating folk wrist， strength， and enthusiasm， in the fight against official rumor is quite different. So the official folk ballad is not difficult except inverted， which greatly undermines the authority and credibility of the government. Only official rumor hit the same or more stringent in order to enhance public confidence in the hard-won government of cracking down on Internet rumors to set an example.

5. Technology can stop the rumor， and the use of new technologies is an important means of prevention ballad comprehensive treatment

Rumors on the Internet using technical means "eye for an eye person in his body" is a viable means of technical means attention to the role of the United States， the FBI， Homeland Security， military intelligence and other regulatory agencies have a network of information online， blog， micro letters， chat， call， mail， etc. to be monitored. For technical rumor network， you can start the next：

5.1 Government is not only watchman but also will become proactive

Government can only do night watchman， to dare to declare war on the Internet rumors， implementing the "attack is the best defense" strategy， hold high technology innovation means to hold the door to the sky this network clean from the source， a qualified "keeper." As the American social psychologist， founder of Communication Studies， said Kurt Lewin information content only conform to group norms or "gatekeeper" to enter the value of the standard distribution channels.

5.2 NRS let rumors no hide

Real-name system is an effective means of curbing illegal network behavior. Virtual network， the anonymity makes sense to go in addition to self-identity， is no government， no organization and no obligation to provide a convenience. Everyone living in the supervision of others， brought a strong sense of identity to strengthen the sense of responsibility， but the Internet now becomes lawless， it is less of this "identity" of the constraints. Our real-name system， but the actual effect is poor， do not carefully check the identity card or the more common， leading to luck or malicious loopholes. Report on the Internet real-name system will bring fear retaliation， to have the relevant security mechanism； express their views on the proposed online， real-name system is conducive to publish to consider the authenticity and accountability.

6. Education can stop the rumor， and strengthen the participation of the main education is to eliminate rumors positive energy network

Rumors are taking advantage of people's concerns and high moral standing to fabricate so-called hot spots spread. Many rumors are not high-tech depends participate rational parties. Rumors have a major voice of reason and rationality lies in the lack of citizens and strengthens the network involved in the subject of education， strengthen their networks rumors immunity significant.

As a public official media was a positive energy authoritative information release minds of the people， but with the new media generation， the audience changes and stick to official media， resulting in an awkward position in the official media， even the official media have felt from the masses and the times. January 9， 2013 "People's Daily" official summed up the offensive words such as "high priority"， "personally intervene"， "field command"， "active， timely， and immediately to ensure that" etc. and in micro-Bo said： "The new year， we will strive to tell the truth， write the truth. "Our newspapers and magazines issued nearly 20，000 kinds， as well as a huge number of television， radio and the official website， etc.， constitute an unprecedented media platforms， but rumors of a network of small on the rampage "Wan leaves to take the first opinion of the media"， fully explain the absence of official media.

"No benefit not get up early，" has a natural connection rumors and interests， the interests of the vast majority of the rumors behind each chain. These phenomena， the first are a network of practitioners and some intentional crimes， some legal consciousness become accomplices of others without realizing it. Followed by a site administrator to escape regulatory responsibility， letting it touch law posting random delete posts. Again that network operators such as China Unicom， China Mobile and other providers’ mercenary. In short， the network requirements of Internet rumors prevention practitioners of moral self-discipline and self-discipline， when personal interests and public interests， social stability and the rights of others to consciously abide by the law conflict， setting an example to maintain a good Internet this new spiritual home.

The role of government in the virtual world， after all， is limited and cannot be limited to the unlimited energy into "cyber defense"， the majority of Internet users rely on rumor prevention masses. The first is to make a new era of media literacy education into civic education in schools， institutions， enterprises and communities to adopt various forms of media literacy education， training rationality and self-awareness of Internet users， improve social responsibility and non-judgment. Everyone has followed the spirit of questioning and criticism， thought to have life-long learning. Finally， a third-party social forces as a government culture rumor useful supplement. Third party to issue more pertinent， neutral and friendly voice can defuse hostility networks can be used as an example in order to promote rational netizens develops rational citizens.

References

[1] Meng Hong， Li Yuhua of China's Internet rumor control strategies discussed. [J]. Explore the theory， 2012 （4）

[2] Dang Ximin. Emergencies magic rumors [J]， Chinese Newspaper， 2011 （8）