Internet Public Space Belongs To The "Public Place" In Criminal Law

“Whether cyberspace is a public place in criminal law”,the academic debate on this issue has never stopped.Coincidentally,the same is true for the study of the crime of seeking trouble.The dispute over the sin has been in existence for a long time.Nowadays,with the development of Internet technology,the number of Internet users in China is increasing,and the influence of the Internet on people's lives is also coming.The bigger the problem,the application of the crime of seeking trouble is gradually extended to the network field,which inevitably combines two issues with high issues.On September 6,2013,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of the Law on the Implementation of Criminal Cases in Criminal Cases(hereinafter referred to as “Network Interpretation”)."Insults,intimidation of others,bad plots,destruction of social order","fabricating and disseminating false information on the information network,causing troubles and causing serious disorder in public order" are convicted and punished for seeking trouble.In the same year,in the special action launched by the public security organs to crack down on false network information,"Qin Huohuo" and others were criminally detained by the Beijing police for allegedly seeking crimes.This not only makes the controversial crime of seeking troubles once again pushed to the cusp,but also pushes the concept of "public places",which was rarely in the criminal law,to the spotlight.For a time,in the major media,the argument that "the cyberspace belongs to public places and the network order belongs to public order" is full of flying.In view of whether cyberspace belongs to the "public place" in criminal law and becomes the key to identify the network's trouble-seeking behavior,this paper attempts to explore whether cyberspace belongs to the "public place" in criminal law from the perspective of the localization of the network public space.First of all,in the introduction part,the core question of whether the network public space belongs to the public place on criminal law is introduced,and the main controversy about this issue in the field of criminal law is introduced.Secondly,the problem is analyzed through two parts.In the first part,the first argument about the problem is introduced.That is,the network public space belongs to the public place of the public space in the criminal law.The publicity and "place" characteristics of space clarify the reasons for the continuous publicization of the public space of the network;the second part introduces the second argument on the issue,that is,the rationality analysis of the expansion and interpretation of "public places",Part of it is the key part of the article,the author's change from the meaning of "public place",the limitation of the interpretation of the meaning of "public place",the "public place" attribute of the network public space,and the recognition of the expansion explanation by "Network Interpretation" and The rationality of the interpretation of these four aspects demonstrates the rationality of the expansion of the interpretation of "public places."Finally,to solve the problem part,through the concept of limiting the cyberspace,the cyberspace public place does not apply to all the crimes,the problems of the network seeking troubles in the application of the localization,further analysis of the "public places" of the network public space Scope of application.