Network Stir-up-trouble Crime Research

Network stir-up-trouble crime as a new type of stir-up-trouble crime in cyberspace has been a large development after stir-up-trouble crime divorced from hooliganism. Although there has been much-maligned about stir-up-trouble crime, but there's no doubt of its legislation value. The emergence of network stir-up-trouble crime, not only embodies the era significance of stir-up-trouble crime, and the characteristics of cyberspace gives the network stir-up-trouble crime new characteristics, its practical significance is more specific, richer, and more targeted. According to the law regulation and cases in life, Network stir-up-trouble crime mainly be divided into intimidation stir-up-trouble crime and disinformation stir-up-trouble crime.And both academic circles and the judicial practice, focus on the debate over the constitutive requirements identified and the clarity of the key terms. Only clear the dispute focus can better combing the key point of this crime. In my point, “cyberspace” should be identified as “public” in the broadest sense. Accordingly, “the rule in cyberspace” should be included in the scope of “public order”. Further more, the meaning of “false information” should be explained according to the literal meaning and social practice.Due to network stir-up-trouble crime inherits the nature of “block crime” from traditional stir-up-trouble crime, so the determination of the new crime and the relationship with the related crime are Easy to be confused. For that, it should be adhered to basic rules of the protection of the right to free speech, the respect to principles of criminal law and other guidelines make out boundaries and distinction. Then the boundaries of network stir-up-trouble crime will be more clearly written, these would make network stir-up-trouble crime play a positive role in judicial practice. Network stir-up-trouble crime as a new type has some defects. For example, the legislation of the subjectivity, fuzziness, and the nature of the whole should be solved through the definition of constitutive requirements and setting comprehensive standard of conviction and punishment.