Study On The Criminal Regulation Network Affray Behavior

2013 the Supreme People’s court and the Supreme People’s Procuratorate jointly issued the "for the use of information network implementation of rumors and other criminal cases the law applicable to the Several Provisions on the interpretation, although the network of affray explicitly included in the scope of regulation of the crime of affray, but this approach, to a certain extent, ignored the particularity of network space, so to the exact application of criminal law, it is necessary to crime of affray can directly applicable to and how to apply in cyberspace carries on the analysis, thought the criminal punishments related behaviors and to provide a scientific basis. This paper is divided into four parts:In the first part, through the connotation of network of defiance and affray behavior and its characteristics in analysis, so as to clarify the necessity of criminal regulation network of defiance and affray behavior. In the connotation of network of affray behaviors to be defined on the basis, the paper describes the network of defiance and affray behavior by showing the high-tech, diverse, extensive and serious, and by the above characteristics, this paper demonstrates the necessity and urgency of the criminal law to regulate the network of defiance and affray behavior.The second part is based on the Qin zhihui case analysis of the current situation of network trouble in criminal law. In our country for the network abuse, threatening or using the Internet to fabricating and spreading false information, directly to disturb the crime shall be convicted and punished. However, network space different from real space and apply regulation of real space of defiance and affray crime in cyberspace directly, without taking into account the particularity of network space, seems to be wrong. Therefore, combining the particularity of network space, the regulation of the network affray behavior.The third part focuses on the regulation of criminal law in the network affray behavior appears in the process of dispute. First on the "interpretation" of the provisions of two kinds of behavior and the provisions of the criminal law of affray crime objective aspect of comparative analysis, clear in the interpretation of two kinds of behavior conforms to the behavior of the affray crime in criminal law. Secondly, through the analysis of the nature of "cyberspace", clearly "cyberspace" does not belong to the public field, the network space order does not belong to the public place order. Finally, further proof of affray crime cannot be applied to cyberspace crime directly.The fourth part of the criminal regulation network affray behavior countermeasures and suggestions. According to the principle of a legally prescribed punishment for a specified crime and protect the citizens basic rights, and points out that should strictly limit the criminal law application in network space, and discusses the criminal law in the case of different regulation in network of affray, clear the existing in network regulation of affray crime and the conditions to disturb the crime of conviction.