Research On Crime Of Picking Quarrels And Provoking Troubles By Network Rumors

With the development of network technology,human society has entered the information age.The information network has become a vital and even indispensable part of modern society.At the same time,the harm of information network also appeared with the continuous update and development of the Internet.The virtuality and concealment of the network space gave rise to a large number of new cyber crimes,including the behavior of fabricating,publishing or spreading rumors in the network space.When new types of crimes against society appear,the general practice of criminal legislation in Our country is to expand the corresponding concepts through judicial interpretation.The same applies to the regulation of fabricating,publishing or spreading rumors in cyberspace.On Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Defamation through Information Networks enacted by the Interpretation of The Supreme People’s Court and The Supreme People’s Procuratorate on September 9,2013,identified the act of spreading false information through the Cyberspace as a form of crime of picking quarrels and provoking troubles.However,the problem of cracking down on online rumors has not been fundamentally solved due to vague regulations and unclear identification standards,which have not achieved the desired regulatory effect.On August 29,2015,The Amendment to Criminal Law(IX)—— passed by the Standing Committee of the National People’s Congress—— adds the crime of fabricating and intentionally spreading false information,which aims to specifically regulate online rumor behavior and provide a stronger basis for cracking down on crimes in this field.However,the regulation scope of special crimes is limited,and the boundaries of the crime of picking quarrels and provoking troubles in the regulation of online rumors become more blurred,and other traditional crimes other than the crime of picking quarrels and provoking troubles extend to the field of online rumors,further aggravating the awkward position of the crime of picking quarrels and provoking troubles in the regulation of online rumors.In view of this,this paper focuses on the crime of picking quarrels and provoking troubles in the network space by fabricating and spreading rumors.It takes the crime of picking quarrels and provoking troubles in the network space as the traditional expression form and takes the crime of picking quarrels and provoking troubles in the network space as the expression form.In this paper,how to apply the crime of picking quarrels and provoking troubles based on network rumor scientifically and reasonably is the research goal.On the premise of discussing its application basis and existing deficiencies,the disputes and causes of application are analyzed and suggestions for improvement are drawn.In the first part of this paper,the application of the crime is discussed.After determining the connotation and related concepts of "Internet rumor",the main application disputes of the crime of picking quarrels and provoking troubles based on Internet rumor are preliminatively discussed,and the research direction for the following is clarified.The second part is to grasp the applicable theory of the crime of picking quarrels and provoking troubles based on network rumors,and draw the conclusion that the constitutive elements of the crime of picking quarrels and provoking troubles fit in the regulation of the crime of network rumors: It is reasonable to include the crime of picking quarrels and provoking troubles based on network rumors into the behavior of verbal expression.The inclusion of "cyberspace" into the category of "public place" can not only be explained rationally in theory,but also more in line with the actual needs of the development of social rule of law.This clarifies the rationality of the regulation of the crime of picking quarrels and provoking trouble in the field of online rumor crime,laying a foundation for the following research.The third part sorts out the disputes existing in its judicial application.The biggest drawback of the crime of picking quarrels and provoking troubles based on network rumors lies in the attribute of "mouth crime",which not only leads to more disputes in the crime making,but also further blurs the boundary of the application of this crime and related charges.The main reason for its "pocket-like" lies in the inaccuracy of the constitution of the crime and the defects of judicial interpretation.Based on this,the fourth part of this paper analyzes the thinking and other practices of paying equal attention to the fight against online rumors and the protection of freedom of speech outside China,draws inspiration for China,and puts forward specific suggestions for improvement.First of all,we should stick to the basic principles of criminal law and establish the bottom line of application of the crime of picking quarrels and provoking troubles based on network rumors.Secondly,relevant judicial interpretation should be improved to clarify the meaning of unclear words in the crime of picking quarrels and provoking troubles;Finally,we should strictly grasp the attack radius of this crime from multiple dimensions,ensure the rationality of the application of the crime of picking quarrels and provoking trouble based on Internet rumor,and improve the distinction between the application of the crime of picking quarrels and provoking trouble based on Internet rumor and other charges,so as to avoid not only the regulation of innocence or regulation of multiple charges in relevant cases,but also the inappropriate application of this crime.