Research On The Network-based Affray Crime

With the rise of science and technology development and networking tide, in the past the real world of crime began to penetrate into the network, using the Internet or a crime against common network. Wherein the use of the network for others to abuse, intimidate or use the Internet to fabricate and spread rumors and other acts endless harm. Many of these countries, network crimes attention, through the law amendments or new laws to regulate in order to adapt to the new era crimes.Our network to punish disturb crime, maintain social order, in September 9, 2013 by the People’s Republic of China Supreme People’s Court, Supreme People’s Procuratorate issued Interpretation "on the handling of information networks and other criminal slander case law applicable to a number of issues " requirement. From a legal point of view, "explain" worth exploring, Internet rumors, the network can be interpreted as abusive intimidation whether disturb the crime, the existence of "public places" in cyberspace; the existence of "public order" in cyberspace and other issues there are different voices. At the same time, although the "interpretation" to define these acts should be found to disturb the crime, but in the judicial practice, to disturb the crime network identification still can not form a unified standard. Scope "Abusive intimidation", "Vile," "False information", "Malicious", "Stir trouble", "Dissemination of false information knowingly subject", "Causing serious disruption of public order" and other key plot still further finds.This article considers the network trouble in the behavior and the reality of affray behavior compared differences, but the real world as in cyberspace there are "public places" and "public order", the network affray aggressive behavior and reality behavior would trouble public order as damage, have certain social harm, disturb the crime should be held criminally responsible. In this paper, the main points are highlighted judicial determination analysis, properly understood and applied, "Interpretation", and then in judicial practice reasonably be regarded network trouble in the crime made observations. Considered abusive intimidation Network disturb the behavior of "Abusive intimidation" is not just the text and voice, pictures, video and other network communication mode can become "Abusive threatening" way, "Strong crowd" and other behavior should not be recognized as "Abusive intimidation"; "Vile" finds should be combined with "trouble judicial interpretation" of the provisions of the May 2013 release of two high to understand; "Disrupt public order" threatens the behavior of an object other than the public’s sense of security "for false information networks disturb the behavior of" False information "at least partially untrue, and through a combination of background analysis, untrue part does public recognition; and networking public places smooth peaceful order known confusion played a crucial role; only the implementation of fabricating false information behavior but not implemented propagation behavior and should not constitute a network trouble in the crime; since the "Bad faith" and no real content, it should not be used to judge; network false information subject of crime the body can be divided into general and special subject, "Knowingly" should not be the same degree; "Public order" includes both order the Internet space, but also the reality of order in public places "Chaos" is determined by the three points: first, whether. disrupt the orderly dissemination of information, and second, whether the public to confuse the public, led to public unrest or discontent, third, whether the scope and quantity sufficient to constitute harm to society, while "Serious" nature of public places will have to combine time behavior, the number of people assembled, and consequences of, among other factors the degree of related factors comprehensive judgments.In addition, as affray crime network features, there are still some difficulties which need to be analyzed and solved. To deal with the balance between freedom of expression and its relationship to ensure that citizens can fully justify the exercise of the right to freedom of expression network, you can increase the provision for the decriminalization if the perpetrator is a first offense, and imposed behavior is closely related to the public interest, behavior solely for the purpose of public interest, of the circumstances and the specific situation is not recognized as a network disturb the crime. In order to solve the plight of the pockets of network trouble in the crime, and measures to improve fundamental is such "False information" charges system to be perfect, be abolished or merged in order to address the plight of such applicable charges and sentencing fundamentally. Solve network disturb the crime procedural difficulties, the need for cross-domain network affray crimes under the jurisdiction of real harm to follow the principle of fairness and the principle of coordination; troubleshoot network disturb the crime dilemma evidence needs to draw on outside experience, and focus on the proper way to improve electronic data forensic evidence effective preservation.