The Cognizance Research On Crime Of Defamation And Affray In The Cyber Space

Arguably, Today’s world is the world of network, the Internet will be integrationthe entire planet through acrossing the time, and the space. As of the end of June2013, the scale of China’s Internet users reached591million, the network in Chinahas been a massive popularity，the rapid development of the network also makes angreat influence to the kinds of real-life activities which related to the network. Manypeople are living in the two lives: the real life and online, Cyberspace has becomethe "second space" of people’s lives. With the rise of cyberspace, the criminalbehaviors which in the real world are gradually penetrate to the internet, and thecrime which had been commited in the cyberspace is becoming more andmore.Especially in the2013,the case of Qin Huohuo and the Big V were attractedsome scholars attention. With the development of cyberspace, the cybercrime isemergence, and the cybercrime is the product of the area of web2.0. It is a new typeof cybercrime which is different from traditional crimes against computer systemsand web tools crime.Because of a "double-society", the traditional criminal law which offensesagainst the reality of social regulation, has been unable to effectively regulatecyberspace crimes, resulting in a system of criminal law offenses and criminalsanctions in cyberspace. The Supreme People’s Court and the Supreme People’sProcuratorate issued Interpretation of the Supreme People’s Court and the SupremePeople’s Procuratorate on Several Issues concerning the Specific Application of Lawin the Handling of Defamation through Information Networks and Other CriminalCases, which concered on the Defamation through Information Networks and OtherCriminal Cases. Therefore, the author tried to explore the way how to apply the thetraditional criminal in the cyberspace, and the author would explore it in a view ofthe online slander and the instigating quarrels.This paper uses the methods of historical research, comparative researchmethods, semantic analysis, a detailed analysis of the concept and its development of cyberspace, cyberspace explained the causes of crime, from the breakthroughInternet libel and disturb the crime, and how the traditional criminal law use arediscussed in cyberspace. Cyberspace, with the development of informationtechnology and the emergence of computer-based information network, mobileterminals and the presence of an open nature, without borders, a new human societyhas unlimited development space, people in the space of "virtual" to "reality", tocarry out a wide range of economic, social, political and cultural activities, withtechnical, virtual, anonymous, openness and Medecins Sans Frontieres. In thesociological sense, the real value is not in its sense of space geometrically, but in thesocial nature of its existence, the Internet has been able to form a space, which is dueto carry out a large number of people in social practice, full of interaction betweenpeople in cyberspace. Cyberspace crime is a platform for criminal acts, and carry outcriminal acts in cyberspace, unlike network-object crime and criminal use of theInternet as a tool of crime, which is the main cause of public cyberspace failuremanagement: moral anomie, management philosophy behind and lack of legalregulation. From criminology to analyze crime cyberspace generated from socialcontrol theory of crime, subcultures and social learning theory to explain.Next, I implemented the use of information from the network and the networkof defamation in trouble manifestations incrimination before-the network is to startrumors, focusing on network analysis identified libel network implementation anduse of information on charges of affray two key points-the "public place "and"public order "that the existence of these public places and public order, criminal lawsense cyberspace. By the definition of the network for libel and disturb the crime andsocial order in public places, we can see that the traditional criminal law offenses inthe Keyword expansion reasonable explanation is feasible path of the traditionalcriminal law can be applied to cyberspace crime can be in the real world of criminallaw offenses evaluation system introduced in cyberspace growing, and thuscyberspace crime prevention and punishment.