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Study On The Application Problem Of Crime Of Picking Quarrels And Provoking Troubles In The Cyber Space

Posted on:2016-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:G L WangFull Text:PDF
GTID:2296330482974898Subject:Law
Abstract/Summary:PDF Full Text Request
Every scientific and technical advance in the human history usually leads to the reform of human mode of life and thereby forms the new social regulations. In the nowadays society, a networked and informationized society, the Internet has been popularized in all aspects of human life. Though convenient conditions are brought to the people by the internet technology, the internet crimes gradually affect the lives of modern people. Especially, the canard of internet problem has been too severe to be neglected. In the context, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued Judicial Interpretations of Several Problems about the Applicable Laws of Criminal Cases like Crime of Defamation Implementation by Information Networks in 2013 where some behaviors occurred in the information networks were included in the scope of Criminal Law Regulations. This issuance provided the legal foundation for the punishments of this type of crimes. In the Clause Five of the interpretations, the scope of application in crime of picking quarrels and provoking troubles is extended to the cyber space, which rapidly becomes the bone of contention. The paper mainly utilizes comparative study methodology and semantic analytical method to study the application problem of crime of picking quarrels and provoking troubles in the cyber space.The crime of picking quarrels and provoking troubles is derived from the crime of hooliganism and the Clause 293 of Chinese current Criminal Law retains the relevant regulations about the crime of picking quarrels and provoking troubles. In this time, the "two Supremes" extended the scope of the actions of picking quarrels and provoking troubles to the network field by the method of judicial interpretation. Compared with the traditional crime of picking quarrels and provoking troubles, the network actions have the features such as diversified criminal means, widespread scope of acceptor, illusiveness and anonymity. The cases like Zhang Jiachuan and Yang Hui stir-up-trouble case as well as the "Qin Huohuo" case lead to some controversial problems of network crime of picking quarrels and provoking troubles in the juridical practices, including how to affirm the troubles made in the public places and whether the public place order is equal to the public order. The author considers that:1. The development of cyber space height has gradually formed the attribute of sociality and the cyber space has become one of basic living spaces of people, which possesses the similar attribute to that of the real public spaces. Therefore, the cyber space is equal to the public place; 2. The extension of public place order is smaller than that of the public order so that the confined interpretation of "public order" of network quarrels and troubles should be made. The confusion of order caused by fabricating and spreading the false information in Internet doesn’t present the network order chaos but that in the reality; 3. The actions of fabricating and spreading the false information in the information networks are also included in the agitative and invasive words and behaviors which will deliberately cause the confusions of the public place order. And these network actions belong to the disturbance creation action in the crime of picking quarrels and provoking troubles. The network stir-up-trouble crime causes great disputes since the contents of its interpretation are not reasonable. Thus the author suggests:1. Further detailed interpretations for the scope of "false information" and the implications of "public order chaos". And the author insists on judging the subjective intentions of actors by the order from objectivity to subjectivity; 2.The actions of picking quarrels and provoking troubles in Internet belong to the free speech right abuse. It should add the punishment type of political right deprivation in order to realize the preventive effect of punishments;3.The cyber space is an essential means for free expressions so that the relation between freedom of network speech and public order should be balanced; 4. It should clarify the limit between the network crime of picking quarrels and provoking troubles and other network rumor crimes so that other network criminal behaviors can be avoided to be put into the "Pocket" of crime of picking quarrels and provoking troubles.
Keywords/Search Tags:Crime of Picking Quarrels and Provoking Troubles, Cyber Space, The public order
PDF Full Text Request
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