Network Stir-up-trouble Crime Cognizance Question Research On The Space

Nowadays Internet is ubiquitous in the real world, the Internet has become people indispensable tools in real life, the real world is associated with the Internet fully. The popularity of the Internet in our country has got a wide range, all kinds of real life activities related to the network is also affected by the rapid development of the network. With the development of the society, people’s life has been out of the shackles of the traditional real world and into reality and network dual era of the "dual society". Network space along with the development of the society gradually produce and gradually development, used to happen in most of the realistic society crime is not confined to the platform in the real world, most of the traditional crime trends going on the platform of the network space is also increasingly obvious, which makes the platform of the network space of crime is more and more serious. Facing the network crime in the air more and more serious, it’s a pity that the existing traditional law has been unable to accurately for the emergence of new rules and regulations, the criminal law provisions of real life has failed to keep pace with the actual crime in legislative and judicial situation of the development speed, even shows a tendency of behind a large margin. In view of the existing criminal law provisions can’t accurately on cyberspace crime regulation and punish this grim situation, the supreme people’s court, the supreme people’s procuratorate on September 9,2013, in the "about to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law (hereinafter referred to as the" network defamation launched explain "). As the breakthrough point, therefore, the author proposed to cyberspace from a new perspective to explore in the cyberspace stir-up-trouble crime connotation of this crime and its related problems.This article mainly includes five parts:The first part, from the reality of traditional stir-up-trouble crime legislation, crime concept and constitutive requirements of crime of this kind of charges were summarized, and clear the location of this kind of crime in the specific provisions of criminal law system, and further expounds the stir-up-trouble crime behavior in cyberspace and identity disorder.The second part, respectively lists belongs to continental law system or Anglo-American law system countries about similar stir-up-trouble crime in the network space of our country legislation example, contrapose to the legislative cases carried on the detailed analysis and understanding, further formulate relevant laws to the realistic social cyberspace crime in legal regulation and punishment is necessary to this conclusion. Contrapose to and through detailed analysis, understand the legislative cases, provide the precious experience to punish cyber crime in China, further guide the judicial practice of China especially for cyberspace stir-up-trouble crime in the judicial cognizance of guidance.Stir-up-trouble crime in the third part, from cyberspace, the four constitutive requirements of respectively to the cognizance of the crime problem in cyberspace carried on analysis and discussion, and come to the conclusion that the author himself. First of all, this part of the class in the cyberspace crime problems of criminal object, a detailed analysis of dispute, and then puts forward the author’s point of view:stir-up-trouble crime rules in cyberspace, is in order to achieve the goal of the social public order maintenance, but also to promote the healthy development of the information network, standardize the order of network. Crime, to protect the legal interests of efforts to create a healthy and orderly network environment, this is the network of stir-up-trouble crime constitutions of crime object. Second, from the objective aspect of this crime, analyzed the network space and the relationship between "public", "public order" in network space determination, "online, spreading false information", the cognizance of "creating disturbances" and "the use of information network abuse, threatening to others". Finally, from this type of crime subject and subjective aspects of the two aspects to illustrate stir-up-trouble crime in cyberspace.In the fourth part is the network space stir-up-trouble crime and related approximate the boundaries of charges. By moving the troublemakers in cyberspace with similar crimes distinction comparison, defining each other, further explains the characteristics of this kind of crime in cyberspace has help us on this kind of crime that a better understanding of this crime, the better solve that problem.The fifth part respectively from attempted form, the shape of suspension, and joint crime form three aspects discusses, to stir-up-trouble crime crime-forms in the cyberspace.