Research On The Qualitative Problem Of The Crime Of Seeking Quarrels And Provoking Trouble

At a time when the mass media is booming,the scale of China's Internet popularization is increasing year by year.Various electronic products are constantly being updated and replaced,and more and more people are gathering in the network.It covers most people of different ages,different work areas and different cultural backgrounds.The network has been deeply integrated into people's work and life.In such a "chaotic" network world,of course,there will be some problems,and network rumors are one of them.We can see more and more online public opinion,cyber violence happening around us,and an invisible hand seems to be reaching out to more innocent victims.And the harm caused by online rumors is unmatched by traditional rumors.China's criminal law has responded to the crime of online rumors mainly through three stages: the judicial interpretation of the “two highs” in 2013(hereinafter referred to as “explanation”),before the introduction of this interpretation,mainly through such crimes as insults,defamation,These traditional crimes,such as the damage to business reputation and the reputation of goods,were regulated;in September 2013,the interpretation was introduced,and the definition of online rumor-type crimes was found,but the interpretation of this crime was controversial.In 2015,the Criminal Law Amendment(IX)(hereinafter referred to as "Criminal Repair Nine")was introduced,and the crime of fabricating and deliberately spreading false informationwas added,which to some extent made up for the inadequacy of the criminal law system,but the enumeration was not enough.comprehensive.This thesis consists of three parts,aiming at summarizing the problems existing in China's criminal law in dealing with crimes of network rumors.On this basis,it tries to put forward perfect suggestions in order to better carry out judicial practice.The first chapter is an overview of the crime of online rumors.It refers to the background and characteristics of the crime of rumors of cyber rumors.Compared with the rumors of traditional rumors,online rumors have its unique harmfulness to this era,making traditional rumors "unpredictable." It also exemplifies the typical cases "Qin Huohuo" and "Dong Rubin's trouble-seeking case" that occurred in practice.A simple analysis of the judgment results of the two cases,pointing out that "interpretation" has unreasonable places,and even In practice,problems have arisen in order to elicit the interpretation and analysis of existing problems.At the same time,at the end of this chapter,the existing provisions of criminal law on criminal rumors in China are summarized,and some experiences are summarized through comparison with foreign countermeasures.The second chapter mainly discusses whether the network rumors can be characterized as several disputes of the crime of seeking trouble,including the nature of cyberspace,can it be regarded as a public place;can the network order be simply equivalent to public order;false The aspect that information needs to pay attention to when it is identified;whether it is fabricated or distributed on the Internet can be determined as a crime of provocation.In the specific discussion,I mentioned the views of some scholars in the theoretical circle,and also summarized my attitude on these issues.Finally,it mentions the problems of these aspects of the disputed point.The adverse consequences of Interpretation may lay the foundation for the writing of Chapter 3.In the context of the era of the media,the response to online rumors should be special.The third chapter puts forward suggestions on the response to online rumors.Based on the previous discussion,this part combines the problems in the judicial practice of cracking down on Internet rumors crimes.Firstly,it is necessary to use thecriminal law means to regulate the network rumors.From the network rumors about the relationship between people,the harm to social harmony and stability,the good image building and credibility of the government,and the fact that some other means to punish the network rumors is not very good,The criminal law should be used to improve the coercive force and the speed of the effect.In the end,they put forward opinions on the principles and specific operations to be observed in general,mainly because they hope to have specific criminal law crimes to deal with online rumors,clearly and properly explain the clear issues,and The main body made a detailed division and other suggestions,hoping to provide some ideas for the solution of China's network rumors.