The Tendency Of Network-based Crime Of Provoking And Causing Trouble And How To Deal With It

With the development of information technology,the network has penetrated into people's production and life,and become an inseparable part.At the same time,however,cybercrime is increasing,and it presents a situation of alienation and complexity,which has greatly affected the application of criminal law norms.In recent years,there have been frequent incidents of using cyberspace to create events,mainly to create and disseminate false remarks against social hotspot issues,inciting public sentiment,and injecting great instability into the social order.In order to purify the cyberspace and maintain the social order,the two high-level published “Interpretation of a number of issues concerning the application of laws in criminal cases such as defamation of information network”,and than two kinds of network-based provocative and troublesome acts,such as verbal abuse,intimidating and fabricating,and spreading false information,are included in the scope of criminal law regulation.Despite this,the design of this sin is highly ambiguous,which leads to the problem that the crime is unclear,the behavior is too general,and the conviction standard is too broad.Coupled with the arbitrary application of the judiciary and the influence of historical factors,this crime is increasingly pocketed obviously.In view of this,this paper seeking trouble based on the norms themselves,judicial operations and historical legacy has made in-depth research on the pocket-type problem of network-based crimes.This article consists of four parts.The overall text follows the network-based quest for the crime of pocketing to the idea of the criminalization of this crime and then to the path of this criminal sinful response.In summary,the general framework of this paper is as follows:The first part is the introduction.Combined with the relevant legislation and interpretation of China,expounds the background of the topic,expounds the research significance from the theoretical and practical aspects,and then expounds the relevant research status at home and abroad,shows the research method of this paper,and describes the innovation of this paper.The second part is the pocket-based overview of the network-type crime of seeking trouble,defining the concept of network-based crime of seeking trouble,describing the typesof behavior of this crime from abusive,intimidating and fabricated,spreading false information,and analyzing this crime.The relationship with the crime of pockets shows that the crime of network-type harassment has attacked the pocket crime gene,and gradually presents a new pocket.Finally,it is based on the principle of legality of crimes,the principle of adapting to crimes and punishments,the equality of everyone before criminal law,and the deviation from the criminal law's modest spirit explaining the harm of the criminalization of this crime.The third part is the cause of the pocket-type crime of network-based crimes.In this regard,it mainly analyzes from the norm itself,the judicial operation level and the historical legacy level.The factors of the norm itself mainly include the unclear legal interest and the behavior mode,overly broad conviction criteria.The judicial operation level factors mainly include the solidification of the responsibility system,the influence of the order centerism,and the unreasonable evaluation indicators of the judges.The historical factors mainly include the persistence in pocket sin and the outdated legislative concept.The fourth part is the response path of the network type of crime of seeking troubles.From the norm itself,the judicial operation level and the legislative concept,it puts forward the countermeasures to improve the pocket-type crime of seeking troubles.The standard itself should clarify the scope of legal interest,to clarify the behavior,to refine the conviction standards;the judicial operation level should change the way of responsibility,abandon the position of centralism in order,optimize the indicators of administrative evaluation;the historical tradition level should set up a new idea of human rights protection and strictly handle the quality of legislation.