Font Size: a A A

The Cognizance Research Of The Key Words In The Network-Based Stir-Up-Trouble Crime

Posted on:2016-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HeFull Text:PDF
GTID:2296330479988363Subject:Law
Abstract/Summary:PDF Full Text Request
With the advent of the information age, the impact of network technology on human society are deepening. Crime probes into the network area rapidly and has brought a great impact on the criminal law with showing a continuous alienated and complex condition. In recent years, it’s very rampant to use the information network to slander. Some criminals take advantage of social hot issues to fabricate and spread false information wantonly on the Internet, and create rumors to mislead the public, seriously disrupting the social public order. In september 2013, the Supreme People’s Court and Procuratorate jointly promulgated the Interpretation on Several Issues Concerning the Specific Application of Law in the Handling of Defamation and Other Criminal Cases through Information Networks. And based on the object of stir-up-trouble crime, Article V of the Interpretation explicitly stipulated two kinds of behavior of implement stir-up-trouble crime through information networks(referred to as “network-based stir-up-trouble crime”). One is abuse and intimidating others in cyberspace, another is fabricating false information or false information knowingly fabricated and spreading it through information networks. However, although the Interpretation stipulates the forms of network-based stir-up-trouble crime, yet it did not clearly explain some relevant legal terms, such as “false information”, “public place”, “serious disruption of the public order” and so on. Especially the second kind of network-based stir-up-trouble crime which substantially occurred in reality, it has caused much controversy both in the field of criminal jurisprudence and judicial practice.In this thesis, the second kind of network-based stir-up-trouble crime is taken as a study object. I discussed the legal comprehension and determination of its some keywords in detail in the perspective of the Interpretation, in order to clearly identify stir-up-trouble crime in judicial practice. The thesis is divided into five chapters. The first chapter studies “false information” in the network-based stir-up-trouble crime. It will define the concept of “false information” on the basis of analyzing the relationship between false information and rumors, and then analyze how to identify it in the judicial practice. The second chapter studies “public place” in the network-based stir-up-trouble crime. It will define the concept of “public place” and analyze the essential attribute of “cyberspace”, and then discuss whether the “cyberspace” fits into the category of “public place”. The third chapter studies “creating disturbances” in the network-based stir-up-trouble crime. It will define the concept of “creating disturbances” and analyze the behavioral property of fabricating and spreading false information through information networks, and then discuss whether this behavior fits into the category of “creating disturbances”. The fourth chapter studies “public order” in the network-based stir-up-trouble crime. It will define the concept of “public order” and other related concepts, and then discuss how to define the scope of “public order” reasonably. The fifth chapter studies the subjective aspect of the network-based stir-up-trouble crime, that is “knowingly” and “malignity”.As important parts of the network-based stir-up-trouble crime, these keywords play a decisive role in selecting and applying the crime to a certain extent. Therefore we must analyze them in detail and explain them reasonably. It is a rational expanding interpretation of “public places” that Article V of the Interpretation expands “public place” into cyberspace. However, it must be reasonably limited that Article V expands “order in public places” into “public order”. That is, it refers only to the public order in the realistic society, rather than in cyberspace. As to the network-based stir-up-trouble crime, although it can include creating disturbances in cyberspace, but only if such behavior causes public disorder of the realistic society, can it be dealt with as stir-up-trouble crime.All in all, the main way to copy with the alienation of traditional crime in the information age is to reasonably interpret it in the scope of criminal law. We should take full account of the characteristics of cyberspace and criminal law’s vagueness in order to reasonably interpret the crime’s core keywords, on the premise of strictly complying with the principle of legality and the modestly restraining spirit of criminal law. Only in this way, can the traditional legal terms of criminal law be widely accapted by the public when applying in cyberspace, can the whole society reach a consensus on the legal implications of these keywords, with exploring a feasible path that traditional criminal law can reasonably apply to cyberspace crime. Meanwhile, it also helps draw a clear distinction between crime and freedom of online speech, in order to maintain a reasonable balance between freedom of online speech and social public order.
Keywords/Search Tags:cyberspace, stir-up-trouble crime, false information, public place, creating disturbances, public order
PDF Full Text Request
Related items