Now，In a complex network information environment，Some false、Not true、Bad information and rumors are full of various media platform space，Although a series of laws and regulations and policies and measures have been introduced at the country and local level，But false information and rumors are repeatedly banned。How to use the rule of law to improve the false information and rumor governance system，Do a good job of the popularization of law and the verification of news facts，Keep information about the public opinion position，Fight in the new era information war、Public opinion war，Is a subject worth exploring。

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my country's existing laws related to preventing false and false information and rumors are divided into general legislation、Administrative Law、Special legislation，A set of legal and regulatory systems that regulate false information and rumors have been initially formed，But my country's existing laws and regulations in China mainly exist in the following five aspects of shortcomings。

First, some laws and regulations are not operable，Law enforcement is disconnected、Law enforcement is disconnected，Legal implementation is not good。The reason why operability is not strong，The main reason is that the relevant laws and regulations are relatively general，Lack of necessary judicial interpretation and details，Lead more space for free tailoring，Law enforcement agencies are not to be confused。For example，According to administrative law regulations，You can regulate the behavior of spreading online rumors，But due to the lack of clear identification criteria for "light" and "heavier" and other circumstances，As a result, the law enforcement agency cannot accurately grasp the punishment strength when cracking down on bet365 best casino games online rumors。"Criminal Law" does not clearly define the provisions of "serious consequences" and "major losses"，Lack of clear definition and judicial interpretation of "false information and rumors"，It is easy to cause rumors and false remarks、Rumors and other confusion，For clear illegal acts、Responsibility undertaking and other laws are applicable to buried hidden dangers。

Second is to fake information producers、The punishment of the communicator and the rumor maker is not enough，Limited legal deterrence。In terms of administrative law punishment measures，Detention、Penalties such as fines and other punishment，Not enough to deter the fake information producers in law enforcement practice、Baders and rumors。For example，Article 25 of the "Public Security Management Punishment Law"，"Passing the rumors deliberately disrupted the public order，A fine of less than 10 days or less than 500 yuan "。500 yuan fine for producers and rumors of online false information，Lost is too low，Make it unbearable。In the Criminal Law, "damage the business reputation、Crime of Commodity Reputation "and" Frequency、Criminal punishment of the crime of deliberately spreading false information，Basically there are regulations without additional restrictions or deprivation of political rights，Make illegal criminal subjects can continue to publish or spread false statements，Severely weakened the deterrence of the law。

Third is the type of responsibility、The content of responsibility is not clear，The method of responsibility is not specific，Judging false information and rumors lacks operating means。false information、Legal liability involved in the spread of rumors，Including civil liability、Three types of administrative responsibility and criminal responsibility。As far as civil liability is concerned，If false information and rumors spread the right to personal reputation or legal person in citizens，But not constitutes a crime，According to the Bet365 lotto review relevant civil laws of my country，Brotting to stop infringement、Restore reputation、Responsibility for eliminating the impact and compensation loss。But "Civil Code" only stipulates that online operators know infringement information without taking necessary measures，Should bear joint responsibility，The role of online operators in false information and rumors is not clear、Channel of learning rumors，What specific measures are taken。In specific legal operations，When false information and rumors occur，The first problem faced by network operators is difficult to identify false information and rumors from "massive" information，It is easy to cause "one -size -fits -all" type treatment，That is, delete or shield all the "suspected" false information and rumors。This is not only not conducive to clarifying false information and rumors in time，It may also harm citizens' freedom of speech。

Fourth is the incomplete rights relief system in existing laws and regulations，Difficulties in defending rights in the infringed right holder。Although the existing laws and regulations stipulate，The victim sued the people's court，It is difficult to provide evidence，People's Court can ask the public security organs to assist;、Civil lawsuits mentioned by rumors of infringement，Since network users have anonymous features，my country's Civil Procedure Law will "clear the defendant" as one of the requirements for the plaintiff's lawsuit，So，Victims are usually difficult to find out the true identity of the other party，This brings a problem for them，Subsequent evidence collection links are even more difficult。Although the Civil Code stipulates the relevant responsibilities of online infringers and operators，But how to define "know" and what is "necessary measures"，Legal provisions have no specific instructions，Make the plaintiff when filed an infringement litigation，Facing the problem of "difficulty in obtaining evidence"，This increases the difficulty of defending the victim'bet365 best casino games s rights in accordance with the law。

Five is the applicable scale of existing laws and regulations on overseas media institutions and personnel.，Legal punishment is more cautious。In the current complex international public opinion environment，Some overseas media institutions and personnel frequently release false information、Rumors，Identifying China，Damage to the image of China。my country's laws and regulations are in terms of applications for overseas institutions and personnel，Free Tailor Space Large，No strict and meticulous laws are made; the false information and rumors made for overseas media and personnel are not strong enough，Most of them only stay at the oral level。At the same time，my country's existing laws and regulations for some behaviors of overseas institutions and personnel are more difficult to determine，Legal punishment is more cautious，General criticism and urging correction attitude。

　　Improve the laws and regulations governance system

First，Further improve the content system of national laws and regulations。First of all, from Article 291 of the Criminal Law、"Public Security Management Punishment Law" Article 25、"Administrative Measures for Internet Information Services" and "Network Security Law" and other aspects to improve laws and regulations，Drawing on international legal experience and domestic judicial practice cases，Optimized legislation、Legal provisions and administrative regulations、Rules，Enhance the operability of legal provisions。At the same time，Government departments and social organizations、Industry groups should issue early warning for social hot issues，According to the requirements of the report or procuratorial organs，For false information、The main body of the production and distribution of rumors、Communication channel，Take corresponding legal punishment and restrictions。For suspected illegal behavior，Express the administrative or criminal responsibility Bet365 app download of the corresponding responsible subject。

2，Further play the governance role of the main body of the industry。Give full play to industry organizations、The role of social groups and college experts，Improve the industry organization about false、Not true、Bad information and rumors governance system，Improve the effectiveness of the system，Strengthen the supervision of false information and rumors。Industry organizations should formulate professional moral standards including preventing false information and rumors，Guarantee information dissemination objective and true，Emphasizing information ethics and morality and social responsibility，Restricted abuse of news and information dissemination freedom，Respect the private rights of citizens。Building news information evaluation system，Strengthen the supervision of information content on various media platforms。It is recommended to rely on national and provincial (cities) related industry associations、Social Organization，Establish information committee，Responsible for arbitration on information content disputes。

third，Strengthening the education of law popularization，Improve the legal self -discipline of the media。Establish a strict information content review system within the mainstream media，Prevent false information and rumors spread。hire internal "media supervisors" or "reader representative"，Coordinated review supervision，or an institution such as the establishment of an information content monitoring room or the news content inspection committee，Strengthen the self -supervision of mainstream media。To reduce false information、False news and rumors The adverse effects caused by the image of the mainstream media and the credibility of the media，You need to give full play to government departments、Industry Association、Social groups and colleges and universities such as subjects，Popular education for strengthening false information and rumor governance laws and regulations，Bet365 app download Strengthen the information content of the media and their employees、Legal self -discipline of communication。

Fourth，Do a good job of verifying news facts and information content。Current，Social media platform becomes an important information communication medium，false information and rumors of social media space often proliferate in a short time、Fission，Along with various interests、Bad and radical emotions，It is easy to have a wide and harsh social impact。This requires social media platforms to build a complete information content verification system。The facts of the factual verification agency plays the role of "Guard"，Master the media power to determine the "truth" of the facts，This power should not be monopolized by institutional media，should be "re -assigned" by different types of information factors inspection agencies。The main body of information content inspection should include the following categories: the factual verification agency derived from traditional mainstream media，Affordable information ethics and social responsibility for the media institution itself; from the news college、The third -party factual verification organization created by the reporter's editor group and other subjects;，As "Tencent is more real"; the main body of the verification of the social media platform，If WeChat official rumor account "rumor filter"。

Fifth，Keep the legal bottom line，Perfect responsibility accounting system。To keep the legal bottom line，Need government departments to launch various media platforms、Social Organization、Internet companies and industry experts，Construct a complete set of complete and operable responsibility accounting system。Increase false news、Legal punishment for rumors，Effectiveness to be responsible。First，Establishing a file system for violations of discipline and regulations，Improve online inspection reporter's certificate、Query of the function of disciplinary Bet365 app download violations and regulations; second，Establishing news and various media platform employees exit mechanisms，False for subjective malice、Horse of severe violations of laws and disciplines，To resolutely clear the news media team; again，Further improving the exit mechanism of the news media market，Various media that are seriously violated or have not improved after rectification, especially social media，Implement market exit mechanism。

　　(Author Unit: School of Media and Communication, Shanghai Jiaotong University)