On The Cracking "Pocket Trend" Of The Crime Of Picking Quarrels And Provoking Troubles On The Network

At present,with the continuous development of network information technology,the use of the Internet to commit crimes is increasing,especially in recent years,there continuous emergence of network disinformation and other events,seriously affected the stability of cyberspace environment and social order.In September 2013,the two high schools jointly issued the "Interpretation of certain issues concerning the application of the law in criminal cases such as defamation of facts by using information networks",which for the first time brought the abuse,intimidation and fabrication and dissemination of false information into the scope of criminal law regulation,providing a theoretical basis for combating related acts,but the trend of "pocketing" in the application of this crime in practice is becoming more obvious because of its vague provisions and misinterpretation in the application of justice.In order to solve the "pocket" trend of the network-type crime of provoking trouble,this paper analyzes and studies the "pocket" trend of this crime under the background of the network age by using the methods of literature research,normative analysis and empirical research,and puts forward an effective way to crack it.The definition of network-type crime of provoking and causing trouble and its distinguishing features from the traditional crime of provoking and causing trouble are clearly defined.This paper analyzes the causes and manifestations of the trend of "pocketing" of this crime by combing the collected empirical cases.In addition,in view of the existing problems in the improvement of judicial interpretation and strict judicial application of the two levels of integrity of the solution,strict and clear definition of "false information",detailed conviction standards,clear "bad circumstances","serious disorder of public order" content and the subjective motive of the crime,in judicial practice strict judicial application,judicial personnel should adhere to the effective link between administrative punishment and criminal punishment,abide by the principle of modesty of criminal law,applying interpretation of the limitation of purpose,adhere to strict interpretation,at the same time improve the case guidance system,provide unified identification standards to achieve the purpose of the crime" pocket "trend.so that it can be better applied in judicial practice.