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谣言的形成始于对事件信息的不确定,本身真假难辨。运用何种性质的规范取决于其侵害的法益。当其侵害到国家秩序的稳定及国家公共利益,显然需要公法出面制止。散布谣言的行为同样可能侵害民事权益,需要私法规范。如何规范,不仅需要考察散布谣言的行为侵害了什么,更需要全面地研究这一侵权行为造成的损害、与损害结果的因果关系、归责原则。散布谣言者只有具备了侵权责任的构成要件,才要承担责任。否则,单纯道德上的指责不会引起民法的评价与规制。
The formation of rumor begins with the uncertainty of event information, which is difficult to distinguish between true and false. The norm of what nature to use depends on the legal interests of its infringement. When it infringes on the stability of state order and the public interests of the country, it is clear that public law is needed to stop it. Spreading rumors of the same acts may infringe on civil rights and interests, the need for private law norms. How to regulate not only need to examine the spread of rumors of what infringement, but also need a comprehensive study of the damage caused by this infringement, and the results of the causal relationship damage, attributed the principle. Only when the rumor has been distributed constitute the elements of the tort liability, they have to bear the responsibility. Otherwise, simple moral criticism will not lead to the evaluation and regulation of civil law.