Study On The Crime Of Network-type Creating Disturbances

It defines the act of fabricating and disseminating false information and disrupting public order as the crime of network-type creating disturbances. This paper analyses the rationality of including network-type creating disturbances in the scope of regulation systematically and comprehensively. The relevant provisions of this crime in the Interpretation conform to the value judgment of the criminal law, protect the right of citizens to freedom of opinion, comply with the principle of legality and meet the requirements of teleological interpretation. Then, it conducts the analysis of the fuzzy key words of the Interpretation in judicial practice: the false information with the manufacture of no basis, the specific of content and the credibility of reality belongs to the scope of the false information in judicial practice; cyberspace, with characteristics of public property, public participation and low threshold at this stage, shall be deemed as a public place, not just a communication tool; the identification of this crime must be in the case that the infringement of false information on the legal interests of the order reaches a serious level, which shall be evaluated based on the combination of impact both in cyberspace and society; the identification of this crime in the subjective aspect shall not include malicious requirements.