| Stir-up-trouble crime of criminal law in our country, separated from hooliganism independent crime. According to the provisions of article two hundred and ninety-three of the criminal law, the offender to implement one of the following ACTS, the destruction of social order, constitute stir-up-trouble crime:(1) random beatings, if the circumstances are flagrant,(2) chasing, intercept, abusive, threatening others, if the circumstances are flagrant,(3) strong get stubbornly or any damage to or take up public or private property, if the circumstances are serious;(4) creating disturbances in a public place, causing serious disorder in public places. From stir-up-trouble crime of the four types of behavior, is the object of the main protection of public order and social order, and only based on this position, can accurately grasp the border of the four types of behavior. On September9,2013, the supreme people’s court, the supreme people’s procuratorate jointly issued "about to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law."Explain" the object of protection by combining stir-up-trouble crime, will be made on the information network, spreading false information, creating disturbances, caused severe disorder of public order, etc, make clear a regulation to stir-up-trouble crime convicted and punished, for accurate punishment of such crimes in accordance with the law to provide more clear legal basis.Based on "explain" under the background of carrying out, a typical case in the judicial practice and stir-up-trouble crime theory research situation, the article from the perspective of judicial practice and theoretical research for "network rumor" stir-up-trouble crime exists in the recognition of many disputes and problems, in-depth "network rumor" stir-up-trouble crime qualitative key point, the "network rumor" stir-up-trouble crime judicial cognizance of many problems for research. |
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