The Evaluation Of Criminal Law In Cyberspace For Causing Trouble

The information technology has brought change to people's production and life style,at the same time,the crime of reality social has extended to the network space.The traditional criminal law has get challenges.In recent years,the damage to the reputation of others on the network,fabricate or spread false information harm social order.Therefore,September 2013,the Supreme Court and the Supreme People's Procuratorate issued a judicial interpretation,the behavior in the network to disturb the crime in the regulation.Because of its behavior,fuzzy identification,known as the "pocket crime" has been controversial.This judicial interpretation has also triggered a huge controversy in the theoretical and judicial circles on the application of network Affray.After Criminal Law Amendment nine,spreading false information about danger,epidemic,disaster and police situation on the Internet is a crime of fabricating and deliberately spreading false information.But the law doesn't rule other false information.Based on the judicial interpretation of the dispute and the problems existing in the applicable network stir-up-trouble behavior,this article explores other false information behaviors still use judicial interpretation as irrationality of stir-up-trouble crime,and put forward the improvement of the criminal law governance path.This paper is divided into four parts:The first part mainly introduces the types of affray crime history,legislative structure and behavior.Affray crime originated from the crime of hooliganism,extends to the network space after two explanations,It has four traditional ways and two kinds of network behavior.The second part introduces the legislative value of cyberspace affray,the law applicable in network crime makes false statements seriously endangering the social order,has a positive significance in the criminal law system to make up for the loopholes.The third part analyzes the focus of controversy in the form of network elements of affray,the "public place","public order","creating a disturbance"concept,category of attributes that can be "cyber space" into "public place".But the behavior in the network were investigated for the crime of affray,substantial damage real space in the "public order".In the network of fabricating and spreading false information can not be identified as "creating disturbances".The fourth part analyze the pocket phenomenon of cyberspace affray crime,how to balance the citizen's freedom of speech,and how to use in current criminal system.After Criminal Law Amendment nine,we should stop the application of the provocative clause of fabricate and distribute false information to avoid difficulties in the selection of crimes,protect citizens'legitimate rights and limit the pocket of crime.