Research On The Crime Of Seeking Trouble In Cyberspace

Network can not only be the object, but also the instruments and space of crime. The defiance and affray crimes occurring in cyberspace is due to the changing roles of the network in different crimes. We can detect some changes in the fields that the crime of affrays usually occur through Article V of "The explanation of applicable law on the handling of criminal cases like defamation executed via information networks", which was published by the Supreme People's Court and the Supreme People's Procuratorate in September 2013. It tells us that the crime of affrays expand from the traditional criminal space to the cyberspace. The most important feature of cyberspace is its' virtuality, but the object violated by the defiance and affray crime is the security and stability of public places, so it is an inevitable question to discuss whether the cyberspace is a public place and whether the network order belongs to pubic order. The crime of creating disturbances executed in Cyberspace or in traditional way, in essence, is still a kind of crime. They all belong to the accusation stipulated in the Article 293 of criminal law; the only difference is that the behavior of stirring up fights and causing troubles occurs in cyberspace.However, we cannot define the crime of affray in cyberspace according to the same criterion used for the traditional crimes; we should add some criterions for the cyberspace on the basis of the standard for the traditional conviction.The defiance and affray crimes occurring in cyberspace include behaviors such as using information networks for threatening, abusing others, fabricating false information, spreading or organizing others to spread the information in network with fully aware that it is the fabricated information and creating disturbances. Correct understanding of these criminalities relates to the crime affirmation, so it is necessary to define what are the rumors or false information; how to distinguish rumors in network from fabrication and spreading of false information or legitimate acts of speech; what are the considerations and criteria for the regulation of false information in network. After the introduction of a judicial interpretation, judges began to hearing cases in accordance with it. However, what are the criteria applicable to trials of defiance and affray cases in judicial practice? The condition is that the content of interpretation is not clear or specific; the applicable standards of the crime of creating trouble in different spaces are not quite the same injudicial practice; standards of case filing are unclear. So it is necessary to determine the filing standards for crimes of creating trouble in cyberspace and regulate the judicial practice to fulfill criminal law aiming at punishing crime and protecting human rights.