Judicial Application Research On Network Crime Of Creating Troubles

In the high-speed developing Internet information era the information networks become the critical component in people's life,which is the "second society" of people's activity.Just due to the information network popularization,the illegal behaviors like creating troubles appear constantly in the virtual network field and increase.The Supreme People's Court and the Supreme People's Procuratorate of China published Explanations of Questions of Applicable Laws about Criminal Case by Information Networks in 2013,and had the specific provisions to the "network" crime behaviors of creating troubles,including but not limited to:threaten,abuse others and draw up and spread false information in the network space,and spread the false information that is known as fiction.It causes disputes in theory and practice after the explanation was issued.The passage explores the legal determination and limit issues of "network" crime of creating troubles,which provides opinions and suggestions for the application of "network" crime of creating troublesPart One sketches out the types and features of "network" crime of creating troubles.By analyzing the existing behavior types and behavior features of "network" crime of creating troubles in theory,as well as combining with the true cases in juridical practice,corresponding theory with practice,it comprehensively analyzes the three types of "network" crime of creating troubles and the method intelligence,form diversity,purpose profit-making,place speciality,and the result consequencePart Two analyzes the cyberspace nature in the "network" crime of creating troubles.The word"cyberspace" plays the key effect on the "network" crime of creating troubles,this part of passage evaluates "cyberspace" and explains the word in details by analyzing the information network as the independent space speciality,takes the overall consideration on the public place nature,it handles the applicable space of the crime correctly in the combination of the important position of practical cases in the "network" crime of creating troubles.Part Three discusses the conviction boundary of the "network" crime of creating troubles.It analyzes the conviction boundary of the "network" crime of creating troubles by the combination of theory and practice,that is the dispute focus in the components,the pocket to the "network" crime of creating troubles,"how to balance the speech freedom boundary with citizen's speech freedom" and the objective condition and the subj ective fault of doers.So the "network" crime of creating troubles has the accurate conviction standard.Part Four researches the conviction boundary of the "network" crime of creating troubles and other crimes.It mainly analyzes the application of the "network" crime of creating troubles from the aspects of the "network" crime of creating troubles,crime of defamation,offence of extortion by blackmail and other types of crimes,then distinguishes the crime with others.