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Research On The Network-based Affray Crime

Posted on:2016-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiFull Text:PDF
GTID:2296330467993682Subject:Law
Abstract/Summary:PDF Full Text Request
According to Supreme People’s Court and the Supreme People’s Procuratorate jointly promulgated the "Interpretations on the implementation of the use of information networks and other criminal libel case law applicable to a number of issues".Article5stipulated:fabricated and spread false information on an information network, stir trouble, causing public order serious disruption of behavior for affray crime convicted and punished. The Network-based Affray Crime help regulate the network behavior of citizens, but also for the citizens of the network set up legal deeds bottom line. But "interpretation" of the provisions have a lot to perfect, as part of the vague definitions of key words, the details of some of the specifications have yet to be added so that the applicable standard of judicial investigators during practice varies codefendant different sentence have occurred.This paper attempts to explore the connotation of public spaces, the "cyberspace" as "public place." Believe stir trouble in public places, although this behavior include stir trouble trouble on the network behavior, but because caused "serious disruption of public order", public order here should be limited to the reality of public order, rather than the so-called public order on the network; on the "false information" finds strictly limited to the unfounded information. In addition, in the judicial practice, we should limit applies to network-based disturb the crime, strict specifications and reasonable explanation for its pockets of conviction phenomenon, refined "interpretation" of the meaning of the focus of controversy, specifically applicable standards. For the "false information" should be based on its characteristics according to, on the basis of a detailed analysis of its clarity and feasibility. For the "stir trouble" behavior identification should also meet the conditions of behavior conditions and results of these two factors. For the "serious disruption", we must first solve the problem of causality, that is, to clear causal behavior of the network trouble caused confusion among the public order, and secondly to the changing circumstances in the particular judge to combine state.
Keywords/Search Tags:False information, public places, public order
PDF Full Text Request
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