Study On Some Problems Of The Network Stir-up-trouble Crime

With the advent of the information age,the impact of the Internet on human society is deepening,some criminal activities will also reach out to the cyberspace,the network stir-up-trouble crime is one of the kinds of crime,it is a kind of alienation from the traditional stir-up-trouble crime in the cyberspace,it is also a type of stir-up-trouble crime.In September 2013,the Supreme People's Court,the Supreme People's Procuratorate issued "On the use of information networks to implement defamation and other criminal cases applicable to the interpretation of a number of issues," it provides a legal basis for punishing the network stir-up-trouble crime according to the law.Interpretation Article 5 come from the Criminal Law Article 193,it interpreted " insult,intimidate others " as " use information network to insult,intimidate others ",and interpreted " stir up trouble in public places,resulting in serious confusion in the order of public places " as " fabricate false information,or knowingly fabricated false information,spread on the information network,or organize,instructed personnel to spread on the information network,bounce trouble,resulting in serious confusion in public order." Among them,the Interpretation of Article 5,paragraph 2 led to the legal profession and judicial practice of the great controversy.This article focuses on the research object of Interpretation Article 5,paragraph 2,and explores the various problems in the understanding and application of the network stir-up-trouble crime,with a view to the correct application in judicial practice.This paper is divided into six parts: the first part is the introduction.This paper mainly introduces the research background,the research summary,the main research contents and the significance;the second part is the summary of the network stir-up-trouble crime.This paper mainly introduces the case and the focus of the discussion in this paper,and expounds the provisions of criminal law and judicial interpretation on the network stir-up-trouble crime and the characteristics of the network stir-up-trouble crime;The third part is the study of whether cyberspace belongs to public places.It mainly expounds the meaning and characteristics of public places and explains why cyberspace belongs to public places;The fourth part is whether the behavior of Fabricating and distributing false information on the information network belong to the behavior of creating disturbances.It Introduces the concept of furious trouble,and elaborates the reasons that the behavior of Fabricating and distributing false information on the information network belong to the behavior of creating disturbances;The fifth part is a study of whether the order of public places should be expanded into public order.First,it puts forward the problems in the process of expansion,and then discusses how to apply the serious confusion of public order,including limiting the scope of public order,reasonable identification of serious confusion of public order,and strict identification of the causal relationship between the network stir-up-trouble and public order between serious confusion of public order;The sixth part is to strictly define the scope of false information.It mainly analyzes the connotation of false information and puts forward the identification criteria of false information.