The Judicial Cognizance Of The Network-Based Stir-Up-Trouble Crime

With the development of technology, the relationship between Internet information technology and human life is becoming more and more integrated, cyberspace is no longer confined to the virtual level, upgrading of various mobile terminals in recent years has become even more frequent, new social software, information Browse platform after another, so that the whole network the internet more closely linked, along with a variety of criminal behavior escalating to the traditional criminal law caused a great impact. In recent years, the use of information network implementation disturbing social order behavior is especially rampant, some of the people in order to win attractive wrongful use of social hot spot malicious speculation to confuse the public. Internet rumors not only against the citizens of reputation and privacy, it will lead to people’s mind is not stable, causing serious disorder in public places.In September 2013, the Interpretation on Several Issues Concerning the Specific Application of Law in the Handling of Defamation and Other Criminal Cases through Information Networks has been promulgated by the Supreme People’s Court and Procurator-ate.(referred to as"network-based stir-up-trouble crime") Expanding the scope of the traditional offense, clear about the legal regulation of traditional crime network dissimilation phenomenon. But because of the Internet Crimes late start, especially for the regulation of cyberspace has just begun, or whether it is criminal law practitioners, on the "public places", "stir trouble", "public order" are a few key words defining the scope of coverage, range of views is not yet fully unified.In this paper, collecting a large number of cases, based on the basic theory of the crime of creating trouble starting, semantic analysis, comparative analysis and case analysis, the problem of identification of network-based provoke trouble crime were discussed.This paper is divided into four parts.The first part is an introduction, describes the overall legislative status quo of Network disturb the crime, as well as research methods and significance of the crime.The second part is an overview of Network provoke trouble crime. In addition, this section analyzes the network type disturb the crime of the constituent elements, network type affray affray difference under the usual sense as to contrast with, and discusses the network-based application disturb the crime dilemma.The third part, "Qin Huohuo" case analysis "Bianmin" case two typical cases of practitioners drawn controversy. Because the crime is the traditional disturb the crime application in cyberspace attempt, practitioners of the focus of the dispute is no unified theory, therefore, this section was collected and analyzed some scholars on the "information network" is "public places". " fabricating and spreading false information on the Internet "belongs to" stir trouble "," public order "is equivalent to" public order, "the focus of three disputed some of the points.The fourth part of Network Crime of trouble in part. I believe that the public places found in cyberspace is a reasonable explanation expand, does not violate the principle of legality. Fabricating and spreading false information on the Internet belonging to "stir trouble" while in this part of the "Network rumors" and "false information" to define that "false information" can be equated to "rumors" the criminal law sense. Clarify the basis of "cyberspace order", "public order" and "public order" on three concepts, considered "public order" in expanding interpreted as "public order" is understood within the scope of the citizens, is a national predict the likelihood of matching.