On The Crime Of Defiance And Affray In Cyberspace

The supreme people's court and the supreme people's procuratorate announced“the explanation about the criminal cases of the mentioned problems caused by using information net to slander others”together because of the phenomena of the frequently happened problems caused by the rumor of internet.The explanation stipulated the behaviors which including abusing others in web space,threatening others as well as spreading the false information that caused the serious chaos of the public order as the crime of picking quarrels and provoking troubles.The case of“Qin Huohuo started the rumor”which happened after this provoked the big discussion between the practical experts and theoretical scholars.This discussion including:whether the cyber space belong to public space,how to define the false information as well as whether the cyber type crime of the picking quarrels and provoking troubles has the subjective excess elements.“The ninth amendment of the criminal law”which take effect from 1~stt Nov.2015 added the criminal of making up lies and spreading false information on purpose.This criminal has something in common with the cyber type crime of picking quarrels and provoking troubles that stipulated on the formal explanation.Based on those problems,this article based on the criminal law and judicial explanation,according to the specific cases,analyzing the construction elements system of the cyber type crime of picking quarrels and provoking troubles,which can be helpful for the defining of this crime in the practical process of judiciary.The first part of this article mainly discussed the basic information of the cyber type crime of picking quarrels and provoking troubles.With the development of the information age,such kind of case increased gradually.“the case of Qin Huohuo started the rumor”even caused the big discussion between experts and scholars.There is the view that such crime belong to“the pocket crime”;it can be abolished as the announcement of“the ninth amendment of the criminal law”.This article has the point that it is necessary for the existence of the cyber crime of picking quarrels and provoking troubles;it has something in common with the crime of making up lies and spreading false information on purpose rather than the same to each other.The second part of this article mainly discussed what rights this crime infringed.This article has the point that the substantive characteristics of the public space is not exist in its three dimensional space but relate to the live order of not specific number of people.Cyber space has the substantive characteristics of the public space,so we can think that the right this crime infringed is the public order.The third part of this article mainly discussed whether such crime need to possess the subjective excess elements.This article has the point that the elements of specific motivation,aim,spite can not regard as the mainly element of subjective illegal elements.Whether blamed such a crime is not depend on the the mind situation of the doer but mainly whether the doer infringed the public order.The fourth part of this article mainly discussed the element of cognition and will of this crime.In this article,the spreading of the false information on the internet is a dynamic process.We should measure the behaviour of such crime and the elements of cognition and will for the result of right infringement according to different standard.