The Criminal Regulation On The Online Affray Behavior

With the rapid development of the online communication technology, the network comes to people’s mind. Some people then use the network to offence the criminal law, acts illegally. One social problem among them is the online affray problem. The online affray cases arise in a fast speed, attracting wide concentration of our society. So it’s necessary for us to put emphasis on the criminal problems of the online affray behavior. The definition of online affray behavior is the acting man uses the network as a tool to abuse and threaten others, triggers negative emotion of the society and harms social public order seriously. The online affray behavior belongs to the common affray behaviors, while the difference is it is done in the virtual network space,while the common affray behaviors exist in the reality.As is known to us all, the 1997 Criminal Law revised the 1979 Criminal Law, which set the crime of affray apart from the crime of hooliganism. In the 1979 Criminal Law, the crime of hooliganism included the acts which broke social order seriously, such as affray, harassment, insulting women and so on. In the revised 1997 Criminal Law, it was apart into five charges, including the affray behavior. While the crime of affray included some vague words such as “casual”, “serious”. Then it’s hard to define it, thus led to a wide debate on it in the academic circles. Recently, some cases, such as “Qin Huohuo Case” and “Lierchaisi Case”, which used the internet to affray, have been deemed as the crime of affray. And this led to a heated debate in the theoretical circles. This article discusses the online affray behaviors nowadays and can be divided into three chapters.The first chapter analyzes the recent “Qinhuohuo Case” and “Lierchaisi Case” to lead to the controversial problem, that is, whether the actor uses the network to affray can be defined as the crime of affray. At the same time, by comparing the crime of online affray and the traditional crime of affray, in order to analyze the feature of the online affray behavior, including the specialty of the existing site, the breadth of the harm and the concealment of the act.The second chapter mainly discusses the two ways to do the online affray and analyzes some definitions such as“public place”, “seriously”, “wicked”. The online affray crime is the actor commits the criminal act by using the network. The virtual network space defines the unique behavior. I think the online affray crime mainly includes two types, which are the type of insulting and threatening, and the type of making and spreading false information. Traditionally we define the “public place” as a real place for the public to live, while the definition of the crime is historical, which changes as the time goes on. With the fast development of the technology, the human society comes into the information era, thus leads to the unprecedented change of the definition of the crime. As the network grows rapidly, the online space has become a part of people’s daily life. The definition of the “public place” should be expanded to the “online space”, which does not violate the principle of legality.The third chapter compares the online affray behavior to the freedom of speech, civil infringement, crime of defamation, crime of extortion and the crime of fabricating and spreading fake information. Speech is the tool for the people to express their thoughts and feelings. The freedom of speech is not only ruled in the Constitutional Law, but also the base of all the other human basic rights. The freedom of speech is the actor uses written or spoken languages or the other ways to express the thought, which is a legal act, and may offences other’s rights or public interest. So it’s necessary to regulate the freedom of speech by legislation. I f the behavior acts beyond legal limits, and leads to a chaos of the public order, it should be deemed as a crime. To those who use the network to harm the exact people’s right of reputation and personality, they should be defined as the crime of online affray. While the online affray usually acts towards the unspecific majority and the social public place, and disturbs the social order. The crime of online affray demands the serious break of the social order. It not only includes the wide spread of the fake information fabricated by the actor, but also the serious disturb of the social production and life order. This article also combines with the related rules of the affray behavior in the public network, thus further analyzes the online affray behavior, and makes the definition of the online affray crime, in order to make the deep understanding of the crime of the online affray behavior.