关键词： 网络谣言, 刑法治理, 言论自由, 合宪性, 刑罚限度

Abstract: The frequently happened phenomenon of internet canard has brought severe damage to the nation,society and personal interests.To regulate internet canard with criminal law,we should bear the constitutional right in mind to guarantee freedom of speech and avoid hitting the will of the public to express their inner voice.When facing with different internet canards,the criminal law should have different criminal regulation limits in order to implement the principle of suiting punishment to crime.The falsity of the nature of internet card and the authenticity of the degeneration of internet card require us to confirm whether the doer has a criminal negligence of realizing the information he has spread.Besides,the diversity of the expression of internet canard requires us to study whether the information the doer spreads is an internet canard.Only by this can the principle of unity of subjectivity and objectivity be ensured.

Key words: internet canard, criminal regulation, freedom of speech, constitutionality, criminal limitation