Research On The Specific Identification Of Network Rumor-type Crimes Of Provoking Quarrels

With the rapid development of information networks,crimes that exist in cyberspace have gradually become more prominent.Among them,cyberrumors are more harmful and it is necessary to use criminal law to regulate them.In this regard,in 2013,the "Two Highs" promulgated the "Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases such as the Use of Information Networks to Carry out Defamation." The second paragraph of Article 5 of the Interpretation clearly points out that the Internet is responsible for provoking and causing trouble.This article analyzes the problem of judicial determination of the online rumor-type provocation crime from five aspects: behavior object,behavior method,location,specific legal benefits and outcome requirements.The first chapter is the analysis of behavior object.To study a crime,we must study the object of its behavior.As the object of its behavior,network rumor is the focus of the study.Different people have different views on what is Internet rumor.Some people think that Internet rumor contains defamatory remarks.Some people think that the scope of Internet rumor should be limited.People have different opinions on whether a certain speech belongs to network rumor,but judicial practice has the requirement to keep the law applicable uniformly,so it is an inevitable behavior choice to put forward a set of judgment standards.The second chapter is an analysis of the behavior.Fabrication and communication is the behavior of the crime of provocation and trouble-making in cyberspace.The study of fabrication and communication is to study the objective aspects of the crime.The third chapter is a discussion of the place of conduct.The place where the traditional crime of provocation and nuisance is a public place,and the place where the crime of online rumors and provocation is cyberspace.The study of the relationship between places has profoundly influenced the relationship between the traditional crime of provocation and the crime of online provocation.The fourth chapter is the analysis of specific legal interest.A deep understanding of a crime requires a deep understanding of the legal interests protected by the crime.As for the legal interests protected by the crime of provocation,the traditional crime of provocation uses the term "public place order",so some people think that the public place order is the specific legal interests.I don’t agree with this.Public order should be regarded as the specific legal interest of the whole crime of provocation.Judicial interpretation is the timely correction of the specific legal interest of the crime of provocation.The fifth chapter deals with the specific identification of the result elements.The concrete legal interest is still abstract,and the result elements reflecting the infringement state of legal interest are concrete.From abstract research to concrete research,it is the inevitable requirement of the cognitive law.From the fuzzy understanding to the clear understanding of the result elements,it is necessary tocomplete the concretion of the result elements.