Identifying The Crime Of Provocation On The Internet

The crime of provocation is a bigger charge dispute in the theoretical circle and judicial practice, the crime is produced under the special historical conditions, and it is going through continuous developing and improving.Due to the legal interest of this crime is lack of uniqueness, uncertain of its application and too thick of its subjective color makes it debated about the existence or abolishment again and again.On September 6,2013, the supreme people’s court and the supreme people’s procuratorate jointly issued"the explanation of a number of issues on the use of information networks to handle criminal cases of slander and other applicable laws(hereinafter referred to as the"explanation "), for the first time introducing the crime of provocation into cybercrime is widely discussed among academia.The behavior of provocation on the use of information network(hereinafter referred to as the network utilization type in the crime of provocation) is produced along with the development of the network.Because the " explanation" is not explicitly defined in many ways, and its distinction is not clear an many aspect, additionally judicial practice is constantly being extend to seriously applying, so it badly affects authority and impartiality of the law.In view of this, the author discusses crime-related issues about the network utilization type in the crime of provocation in affirmation. This article is unfolded according to the writing ideas about asking questions, analyzing questions and solving questions. The first part summarizes the network utilization type in the crime of provocation concretely,including its concept, historical evolution and characteristics;The second part sets several aspects about "public places", "public order", " creating disturbances", " false information", " subjective motivation". It makes the distinction between the crime of provocation under the network environment and the traditional the crime of provocation, and it focuses on the present situation of the network utilization type in the crime of provocation cognized;The third part makes use of the systems analysis and case study and also combines with specific cases judging the problems existing in the said the crime of provocation;The fourth part refers to the merits of foreign legislation by means ofinvestigating extraterritorial laws; In the last part, the author puts forward his views about network utilization type in the crime of provocation in order to throw out a suggestion of using network utilization type in the crime of provocation in practice correctly.