An Exploration Of The Crime Of Creating Disturbances In Cyberspace

In the real society,after using the Internet,people can bring certain convenience to their own lives.At the same time,with the help of rich content and a large amount of information,the quality of life can be continuously improved.As long as the social subjects participate in the corresponding network interaction,they cannot be separated from the real life because the people are in the network.The activities in the world are becoming more frequent,and at the same time,the connection with real life will be closer.After the implementation of the Criminal Law of 1997,more relevant provisions on cybercrime were effectively included.In the judicial-related interpretations promulgated and implemented in different periods,it can be found that crimes against the Internet are gradually increasing.In the "Network Interpretation" promulgated and implemented in 2013,after the effective use of the Internet to carry out criminal acts,it effectively supplemented the inadequacy of crimes committed in cyberspace at the domestic criminal law level,and also attacked cybercrime.Give a solid theoretical foundation.In various judicial interpretations and criminal law regulations,the changes of cybercrime show a trend of increasing year by year.Therefore,in the process of analyzing cybercrime,this paper based on different perspectives,the judicial determination of nuisance behavior in cyberspace.And perfect aspects for exploration and research.This paper is divided into four parts.The first part combs the concept and type of locating troubles in cyberspace.To clarify the public attributes of cyberspace,the instrumentality and the integration with real life,it is not a normative concept to discuss the nuisance behavior in cyberspace,nor is it a separate crime.It is the crime of finding troubles of nuisance to adapt to cybercrime.Is the manifestation of the crime of harassment identified in the new judicial interpretation in the field of cyberspace.The second part raises the problem of the shortcomings in the identification of trouble-seeking behaviors in the existing cyberspace.The existing laws stipulate that the response to cybercrime is insufficient.The relevant concepts in the judicial interpretation of network-type plague crimes are vague and unclear,and criminal justice has a tendency to deliberately satisfy judicial practice.Since this type of case relies on information technology and networks,it is a higher requirement for governing the country in the new era.The third part is the part of this article that focuses on the judicial determination of the nuisances in the cyberspace of the two manifestations of “insults and intimidation” and “fabrication and dissemination of rumors” in the Network Interpretation.Analyze relevant real cases,follow the principle of modesty of criminal law,and make suggestions on the decriminalization of locating troubles in cyberspace.The chapter concludes with a comparison and judicial determination of the crime of network-based harassment and related crimes in judicial practice.The fourth part is about the improvement of the judicial determination of the troubles in the cyberspace.It can be discussed from the judicial and legislative parts.In response to the questions raised in the previous section,the relevant standards for “bad plots” and related standards for “serious public order disorder” were determined.Explain the basis for effective reduction of the scope of the network order at the level of legislation and the necessity to effectively formulate and manage its fundamental principles in accordance with the characteristics of the Internet,aiming at continuously improving China's cyberspace.Criminal behavior to curb efficiency.