The Theory Of Network Type Words Stir-up-trouble Crime

Rapid expansion in the information network in promoting the development of economic and social prosperity at the same time, also for the use of information network provides a fertile ground to implement illegal and criminal behavior. Especially in recent years, the use of the Internet for slander infringe on their citizen's reputation, the phenomenon of disturbing social order. For this, "projects" issued in 2013 on the implementation is dealt with using the Internet defamation and other criminal cases to explain some issues of applicable law(hereinafter referred to as "interpretation") to deal with network language type of crime. The judicial organs to the introduction of the traditional criminal law network space governance bold attempt, and immediately trigger social hot. Especially article v of the "explanation" expressly determine using the known as the "whole" tendency "stir-up-trouble crime" to regulate the behavior of the public disorder caused by network language, the academic circles is more mixed.Based on such background, this article only to the provisions of article v of the "explanation" type network words stir-up-trouble crime as the research object, by the application of the traditional criminal law in network space for domain, to the traditional criminal law can extend apply in cyberspace ", "how to understand the boundaries between free speech and social basic security" and "how to understand the magnitude of the criminal law in network space" the three issues of the full text.First, this paper introduces the theory and practice of "interpretation" of different attitude. Expounds the scholars from the aspect of legislation, judicial interpretation itself, legal effect of the challenges from the "explanation". On this basis, the article v of the "interpretation" in the traditional system of criminal law and administrative law departments to understand, in detail elaborated the "false information", "abusive, threatening behavior", "spreading" meaning, the logical relationship of the concept of law, such as: think of false information is not according to the information and with the facts, at the same time to consider legislation purpose and characteristics of criminal strict limits on the network speech. According to article two hundred and ninety-three and article two hundred and forty-six of the criminal law provisions "abusive, threatening behavior" and defining the object; The article lists the spreading behavior associated with false information between objects, and focuses on the spreading behavior, distinguish the people, reply, forward and others in different circumstances of legal responsibility. Think in paragraph 2 of article v of the "interpretation" of "organization, ordering behavior" should be expanded explanation; And discusses the spread the cause-and-effect relationship between behavior and creating disturbances, time, relationship, and spatial relationships.Hot, secondly, the article in view of the academic dispute of network space and public relations, different scholars point of view, and finally based on the concept of the core elements, the judicial practice, and so on reasons to draw the conclusion of "cyberspace" belongs to the public; On the relationship between "network order and public order", the article will circle the different understanding of the meaning of the "online order" to comb, namely "the first is a virtual space own existence of order, the second is the Internet service order, the third is the use of information network to form the reality of order", and "public order is the order in the real life, the third order retains can belong to public order". On this basis, this paper discusses the judgment "plot bad, undermining social order", "public order serious chaos" method and standard.Finally, this paper argues that, in the face of frequent words cybercrime, cyberspace, introduced the traditional criminal law should be moderate, because of the conflict between freedom of speech and social basic security is real. Countries in the process of governance, to clarify the boundaries of rhetoric cybercrime, cannot because some people dislike or discontent, disposal of speech using the method of punishment; Especially for subjective cognitive content should be rigorous presumption of network language, reasonable division of crime ring, number theory not only time, always adhere to the austerity of criminal law.