Research On Network Crime Of Provoking Trouble

Internet false speech crime is a new type of Internet crime in the Internet era.This kind of network malfeasance spreading everywhere in the cyberspace has seriously damaged the normal and harmonious network order,and even has a serious impact on the public order in real life.Due to the lag of the law,the criminal law cannot respond to these ACTS in time."On libel is dealt with using the Internet and so on criminal cases to explain some issues of applicable law was enacted to network crime have played a role in regulating speech,but in general,the legislative speed still can't keep up with the development of the society,the new interpretation,also have no standard to make a detailed description on the sin," explain "mentioned in the" public "and" vicious "and other words in the judicial practice and legal science also debate,in addition,the academic question but also ignored the lack of legislation,with only a judicial interpretation to regulation network stir-up-trouble crime problem.The author from zhang contain false information to the release of the network video stir-up-trouble crime,as well as "ShangHai LiJing" sales manager shen a working WeChat group of spreading false news,sentenced to network stir-up-trouble crime the two practical cases,combined with network stir-up-trouble judicial interpretation and regulations about stir-up-trouble crime in criminal law,analyze network stir-up-trouble focus of the relevant legal issues,the network space order and public order,network traffic and public order standard determination,influence the network order is equal to destroy the reality of public order,whether WeChat group belongs to the public,And constitute the crime of network type picking quarrels and stirring up troubles,whether the actor must have "malice" subjectively and so on.At last,the author analyzes and summarizes the case of zhang and shen.The research and analysis of the existing controversial issues of the crime of cyber-type picking quarrels and provoking troubles is conducive to the self-improvement of the theory of criminal law in China.At present,there is still no definite and unified standard on whether the illegal act of spreading rumors on the Internet constitutes the crime of provoking troubles.Therefore,combining with the judicial interpretation,it is not only of strong theoretical significance to discuss and study the determination of the crime of picking quarrels and causing trouble by network,but also of certain reference value to the judicial practice of such cases in the future.