Research On The Defiance And Affray Crime Of "Creating Disturbances Type"

Defiance and affray crime stated in item293in the Chinese criminal law stems fromhooliganism in1979’s. The current defiance and affray crime has four forms, among whichcreating disturbance type is a typical one, but receives little attention. The SupremePeople’s Court and the Supreme People’s Procuratorate defined the action of fabricatingand releasing fake message resulting in public chaos on internet as defiance and affraycrime through judicial interpretation in2013, which aims to punish severely the graduallyspreading rumor on line under defiance and affray crime. Certain disputes arose thenamong the theorists. Relying on the modesty and objective explaination of criminal law,it’s crucial to define the applicable area and ensure citizens’ rights of freedom. Firstly, thepaper takes a historical and comparative analysis. In addition, the legitimacy of this crimewill be discussed from the point of law benefit, together with the latest judicialinterpretations of the Supreme People’s Court and the Supreme People’s Procuratorate.The theory of abolishment and existence will be explained in presenting thecomplementarity of crime to prove its value. Then, the objective factor will be analyzedthree points of view, such as action factor, space factor and degree factor. Other analysiscovers the defiance and array action of distributing fake message on line, the concept,characteristics and judicial definition, the concept and characteristics of public area. Onceagain, the crucial question of whether the network is public or not is analyzed under thelatest judicial interpretation of the Supreme People’s Court and the Supreme People’sProcuratorate. In the point of degree factor, the paper pays close attention to severedisorder and severe disorder in public order and meanwhile provides the definitioncriteria. Finally, the writer makes advices on the improvement of defiance and array crimeof creating disturbance. It’s better to avoid the over-expansion of it and establish ahighly possible case filing system.