Judicial Interpretation Of Network Crime Of Provoking Trouble Existing Problems And Improvement

Sociality is the most important and fundamental attribute of human beings,and social order is based on human sociality.The good degree of social order affects the stability and development of human society,and is related to everyone's vital interests.Maintaining the stability of social order is the common goal of human beings.Law is determined by the economic foundation of the society,it comes from the society,and in turn,law maintains social relations and social order.The crime taking social order as the object of infringement is of course the object regulated by the criminal law of all countries,such as the crime of picking quarrels and provoking troubles in the criminal law of our country.With the rapid development of society,the means,ways and scope of infringement of all kinds of crimes have changed obviously,and the crime of picking quarrels and provoking troubles is no exception.Internet popularity in recent years rapid ascension,the network increasingly integrated into people's life,bring convenience for people's life,at the same time,use the web tools for infringement of the interests of others and disrupt the order of the illegal activities also assumes the spurt of growth,such as the great influence in recent years,the "qin" fire fire case,the malign xinhua case,etc.The frequent occurrence of these cases has seriously infringed upon the rights and interests of others,and brought about a negative impact on social order.Meanwhile,it has also exposed the lack of Chinese laws in regulating online speech.In September 2013,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the interpretation on several issues concerning the application of law in handling criminal cases such as defamation through information network(hereinafter referred to as the interpretation),in order to cope with more and more illegal ACTS on the Internet."Explain" issued and implemented,soon become one of the most widely applicable judicial explanation,however,scholars of the judicial interpretation of the relevant content exist controversy,especially for "explain" article 5 will be used in network misconduct qualitative for stir-up-trouble crime are controversial,main show is "public" include "cyberspace","public order" and "public order" is the concept of equivalent,Whether to make up a disturbance includes making up or spreading false information.Judicial interpretation is the interpretation of the specific application of law in the process of applying the law.From the relevant cases can be found from the current practice,"explain" in article 5 for implementation with difficulty,the reason comes down to "explain" the content of the article 5 is relatively general,and there are some problems and loopholes,such as part of the definition of the terms and conditions are not clear,the subjective aspect of the lack of operability,embodied in false information is not accurate definition,standard of public order "serious chaos" is not clear and the subjective "knew" that poor maneuverability.With the rapid development of the society,these problems and loopholes are more and more unsuitable to the current needs of cracking down on illegal ACTS on the Internet,which leads to the deviation in the understanding and application of judicial personnel and brings great difficulties for judicial departments to apply the interpretation.Aiming at the problems above and the suitable dilemma,we first need to build a complete reference and guidance for judicial practice system,clear from the boundaries of false information,refinement "vicious" and "serious chaos" the standard of "explain" the contents of the article 5 revised as soon as possible,at the same time to clear network stir-up-trouble crime and other crimes.