Research On The Identification Of The Crime Of Creating Quarrels And Provoking Trouble By Network Rumor

The arrival of the Internet big data era has accelerated the sharing and dissemination of information.While facilitating people's lives and work,it has also induced new crime risks.In recent years,the use of information networks to spread false information to spread rumors and slander is particularly rampant.Some lawbreakers use sensitive social hot issues to maliciously hype on the Internet,create and wantonly spread rumors to deceive the public,which has caused serious adverse impact on social order.China's control over cyberspace and the regulation of network rumors are facing a severe crisis.Under high pressure,in September 2013,the Supreme People's Court and the Supreme People's Procuratorate(hereinafter referred to as the two highs)jointly issued the "Interpretation of Several Issues Concerning the Application of the Law on the Implementation of the Use of Information Networks in Criminal Cases"(hereinafter referred to as "Network Interpretation"),The two kinds of behavior forms of using the information network to abuse,intimidate others and fabricate and spread false information on the information network are included in the scope of regulation of the crime of picking quarrels and provoking troubles in the criminal law.Although the introduction of judicial interpretation provided a legal basis and strong guarantee for the control of online speech and the punishment of online provocative behaviors,it cracked down on a number of typical cases in a short period of time and achieved a series of major achievements,including the "first case of online rumors" Qin Huohuo case.However,due to the ambiguity and limitations of the network rumors and the rushed "Network Interpretation",the judicial interpretation is only a brief account of regulation,and no specific behavior of network stir-up-trouble crime and related terms to explain clearly and decided that a type of network rumor stir-up-trouble crime in criminal law field has a huge controversy,it also has many difficulties in the judicial practice.This paper pays attention to the new wave of online speech in the Internet era,and in light of the intensified network rumors and behaviors in recent years,based on the two high-level "network interpretation" regulations,research on networkrumor-type crimes.Through analysing its development background and connotation characteristics,combined with some existing problems,it further explores the identification of its constituent elements in judicial practice,in order to better combat online rumors,while maintaining social order and citizens' free speech.