The Cognizance Of Objective Elements About Using-net-picking A Quarrel Offense

This article aim at the social public order which is violated by affray behaviors using the tool of the information network and restrictive interpret its meaning. On the one hand, the political order and family order are excluded from the social public order; On the other hand, the network space is not an independent space paralleling to the real space. All things in network space are the epitome and expression from the real space. There is not too much significance to artificial distinct "network space" and "real space", "network order" and "realistic order". That is also the one source of controversy triggered by analogy to explain. Analysis from the emphasis of information network as a "tool", when the network is as guilty tools, it produces the effect of subversion of the traditional context of "place" in the concept of space, because of its significantly "shrink" space distance between people. So "creating a disturbance in a public place" is interpreted as "fabricate false information", or knowing that it is fabricated false information to spread in the information network, or organizing and directing personnel to spread and create a disturbance in the information network and interpreting “causing serious disorder in public places " as" serious disorder caused by the public". On the one hand, clearing the social public order and the public places order involved by using the network type to defiance and affray crime are the same with traditional affray crime, and that are not included in the “network space order”. On the other hand, examine the concept of "crime scene" from the perspective of network tools, and have a new understanding about "creating a disturbance in public places", so as to judge interpretation method is expanded to explain or analogy to explain.The judgment about “vile” type aiming at “abuse, intimidation” must be centered as the degree of legal interest infringement or threatened, and the law profit violation degree of affray behavior cannot be completely determined on the spot. At the same time we cannot easily make the conclusion just by the characteristics of the information network about "the harm to society through the network to abuse or threaten is more serious than " face to face "abusive, threatening to others". This paper systematically analyzed the quantitative elements of crime, and clearing the type of the elements of the crime amount is quantify the consequences of committing. Thus we will have a more clear conclusion on the identification of "vile".For the type of "spreading false information", the false information in this crime should be defined as the speech is narrated by the false fact content and likely to cause public disorder. The behavior of "spreading false information" can be interpreted as "creating a disturbance". Practical identified issue about "organizing, instigating" and using the network "creating a disturbance" should consider the behavior characteristic in the information network.We need to pinpoint “caused serious confusion in the public order" in the causal relationship in the determination of the dissemination of "distortion" information and the presence of other of results generated action intervention factors in order to avoid the defiance and affray crime as "pocket crime" to abuse.