The Standards Of The Crime Of Picking Quarrels And Provoking Troubles By Internet

Along with the rapidly development of the network technology, the internet has gradually affect many parts in people’s daily life.Nowadays many people tend to enjoy their life both in real and the network space,they named the internet "2nd space". As the the developing of network space, some in real world has appealed in the internet world, many criminals spread the information,abusing and threaten others by internet. Those actions have seriously affect the normal order of the society. The traditional penal law do not have the exact terms about the Crime of Picking Quarrels and Provoking Troubles since the "dual society" appeared.In order to solving this limits of the previous penal law, the Supreme People’s Court and Supreme People’s Protectorate announced the file’ The Explanation of Several Issues on Applying the Law to Deal with the Cases of Using Information Network to Carry out the Slander and Other Criminal Cases"(named as "the Two Supreme’s explanation" in the following passage) on september of 2013, which offers some regulations and punishment program of it. However, there are still some abstract and vague parts in it. So this thesis trying to start from the research of illegal action in the network space,then combine with the analyze of representative cases in judicial practice and present study situation of Crime of Picking Quarrels and Provoking Troubles by Internet,then try to find the possibility of how the traditional criminal law will adapt to the network space criminal.The first chapter of this thesis elaborates the characteristics and the social context of putting this behavior into the criminal law of the Crime of Picking Quarrels and Provoking Troubles by Internet. The second chapter is the identification of subjective aspect of this crime and elaborates the reason why specific crime motive and purpose cannot be as constitutive elements of subjective aspects.The third chapter is the identification of objective aspect of this crime and is the most important part of this article. In this article,the author raises the definition of "Abusing, intimidating others by internet",and analysis the characteristics of false information and then raises the identification method of false information based on it, and emphasize the identification of "Public order serious confusion", and considerates that network space is not belong to public place and a behavior can be Identified as this crime only when it causes public places order serious cholera in real society. The last chapter analyses some issues related to recognition of complicity of the Crime of Picking Quarrels and Provoking Troubles by Internet simply.