Abstract:

The flood of rubbish electronic information has become a global problem, and the regulations on the rubbish electronic information of China mostly stay in the field of civil law and administrative law. For preventing the cyber crime and avoiding the rubbish electronic information becoming the hotbed of disseminating cyber crime, by referring to foreign experiences and practices in the criminal legislation of anti rubbish electronic information, this paper suggests to add a crime, sending rubbish electronic information crime, in the first verse, disrupting public-order crimes ,of the sixth chapter, hindering social management-order crimes, of the Criminal Law of the People's Republic of China. It’s also viable to break the traditional criminal legislation in the single track system, setting directly the crimes related to sending rubbish electronic information at the same time of drafting the law of anti rubbish electronic information.

Key words: rubbish electronic information, social order, criminal legislation