Research On Judicial Issues Of Online Picking Quarrels And Provoking Trouble

The benefits of the rapid development of the Internet are obvious to all,but some negative effects are increasingly apparent.The problem of cyberspace is a new type of crime emerging in this era.The crime of picking quarrels and provoking trouble has been controversial since the rules and has now expanded to cyberspace,have a more complex impact on social order.Based on this,relevant judicial interpretations were issued in 2013 to regulate the behavior of provoking quarrels on the Internet.Although it has a certain regulatory effect,the applicable effect in practice is still not satisfactory.The words "public places","public order" and "serious chaos" mentioned in the judicial interpretation have vague meanings,leading to no clear standard for determining whether certain online acts constitute the crime of picking quarrels and provoking trouble.Starting with the practical case of "Henan affray division case",Put forward the current problem of identifying the crime of picking quarrels and provoking trouble,For example,whether cyberspace belongs to a public place,the relationship between network order and public order,whether the network clicks can be used as the identification criterion of serious disorder of public order and the subjective requirements of the crime,Combined with the mainstream theoretical view,To analyze and demonstrate the above problems,Finally,we give the view of this paper and return to the case,It is concluded that Chang's network behavior does not objectively conform to the characteristics of hecdisturbance,Without result of serious public disorder,And there is no subjective malice that damages the social order,The court improperly found him guilty of provoking trouble.At the same time,combined with the judicial practice and the existing laws,legal suggestions on the existing problems,in order to achieve the effect of standardizing the network behavior of picking quarrels and provoking trouble,and promote the development of criminal law theory on cyber crime in China.