"Internet To Stir Up Trouble" Criminal Law

In 2013 the supreme people’s court and the supreme people’s procuratorate jointly promulgated judicial interpretation will be through the network to spread false information to the behavior of the public disorder included creating disturbances stir-up-trouble crime regulation of space. So online creating disturbances for the first time into people’s horizons, but for the connotation of online creating disturbances crime and there is much debate over the specific problem, many scholars believe that cyberspace does not belong to criminal law provisions of the public, so the network into the speech can not be stir-up-trouble crime, and scholars worry about online creating disturbances will continue to expand application scope in the judicial practice, thus increase the likelihood of stir-up-trouble crime become whole.According to these controversial issues, the author discussed in the introduction part studies the meaning of creating disturbances online behavior and lists the typical research achievements of Chinese scholars. In the second part of the article, the author through the introduction of the concept of online creating disturbances and the characteristics, specific expounded what is online creating disturbances, and to use criminal means to regulate the necessity of online creating disturbances. In the third part of the article, the author adopts the method of case study elaborates on the supreme people’s court, the supreme people’s procuratorate on libel and other criminal cases dealt with the use of information network to explain some issues of applicable law on online creating disturbances the rules of the specific application of the judicial practice in our country. After the case analysis, the author selected the about online creating disturbances strongest two controversial points, namely the network space is the question of whether or not to belong to the public and the protection of the freedom of speech and constraints, this paper expounds the views for the two problems by themselves. The fourth part of the article, the author on the basis of the above research on correct regulation creating disturbances online behavior put forward its own suggestions, including judicial practice to avoid online creating disturbances the excessive expansion of stir-up-trouble crime, clear standard of public order serious chaos, maintain the balance of the network freedom of speech and public order and for minors involved in the online creating disturbances careful with criminal means, etc. The author hope that through this paper on online creating disturbances the focus of controversy related to research and analysis, put forward foronline creating disturbances themselves into a sin, the understanding of the applicable standard for the judicial practice of solving all the problems in the specific work to do my own contribute.