An Analysis Of The Crime Of Seeking Trouble In Network

Computer communication technology and information technology gave birth to the network, and obtained the high speed development in the world, The network not only changed the traditional concept of space-time of mankind, but subverted the traditional mode of interaction between people, not only changed the social economy and political structure, but also changed the human behavior and the system of rules. Cyberspace is the extension of reality, both virtual and reality, and both the cyberspace and realistic space provide people with similar activities," double social" is gradually formed. With the development of network, countries have legislated new laws and regulations to deal with new phenomena and problems brought by the internet era, China also introduced the" Internet defamation judicial interpretation" (later called the "interpretation").The essence of a crime is that it reached the serious social harmfulness, and one of the standards of social harmfulness will be either the behavior damage or may damage the social, or the consequence of behavior. As a crime expression, network affray in the network field is a network extension of affray behaviors in reality. If technical control and system architecture can profiteering a large number of crimes, the rest scanty crime are the object on criminal justice research, in another words, the penalty standard mechanism requires careful introduction and rational analysis.This article mainly aims at proving relevant network affray crime in the "explanation" provisions repeatedly.First of all, this paper focuses on defining the character of the cyberspace and the difference between the real public and virtue space, summarizing the concept of "Internet rumors". Although cyberspace is not a geographical concept, the network crime shows the characteristics of hazards with expanding range, serious consequences, and increasing harm degree. There are public places and private places in cyberspace. Public places should meet people’s needs as an open place, and the closed network space can only be recognized as a private place. The emergence of the network provide the quickest and most convenient conditions for rumors, but legal lag inducing the governance of network rumor lack pertinence.Secondly, we explore how to improve the network of stir up trouble crime criminal justice paradigm through crime constitution such as subject of crime, subjective, the object of crime and objective.The main behavior of crime provocation in cyber space is disseminating network rumor, but to identify as defiance and affray crime, there are some obstacle still such as identification on subjective psychology, the seriousness of the circumstances, the consequences of hazards, and on other specific consideration of disseminating rumor types,characteristics, motivation. At the same time, appeal strongly to enact specific standards on the results of network trouble behavior and strictly limit the judicial application; do not depend on judicial administration’s subjective conviction. As the "serious" standard of trouble-making on line, author identity that the standard should be synchronized with the development of science and technology application. The "interpretation" has included "the click number", "forward" and amount standards into the network stir up trouble crime evaluation system. The method of defiance and affray online in the judicial interpretation is prescribed as enumeration legislation. Namely, other methods causing destruction or the criminal purpose which cannot be brought into the stir up trouble crime online.Thirdly, the author summarizes and demonstrates the mechanism system of government Chinese specific response network stir up trouble. At present, Chinese government control the internet infrastructure construction strongly, and the relevant departments can intervene directly on the web content management. A study on the relationship between network public opinion, the judicial independence and just focus on the following three aspects to propose solutions:one, the network public opinion itself needs self-control; two, the regulation network of speech is from the standpoint of the country; three, for the judicial right,it is suitable to construct judicial public system.At last,the author puts forward effective countermeasures through rethinking of online defiance and affray crime .At present, the government should improve the penalty system, such as the introduction of fine penalty and qualification penalty, and pay attention to protect the citizens’ constitutional right. The original intention of "Interpretation" introduction is good; the proper legitimate network control is a necessary prerequisite instead of free speech rivals...