Research On The Application Of Affray Crime Legal Issues Under The Information Network Environment

In recent years, in the virtual space of the network information emerged a large number of false information, false information with the help of network information spread rapidly, the speed and breadth of the spread beyond our perception, coupled with the general public on professional issues with poor cognitive ability, of false information discrimination ability lower, part of the false information spread through acquaintances, so the normal life of the general public easily influenced by false information. For example: Japan Fukushima nuclear leak triggered by Rob salt storm, Shandong expired vaccines death and disability.In real life all pervasive false information, which greatly affected the people’s normal production and life, even some false information cause people killed, false information have done great harm to people’s personal right, property right, right of reputation, in order to curb and eliminate information network of false information, the Supreme People’s court and the Supreme People’s Procuratorate in September 2013 introduced interpretation on some issues of applicable law in criminal cases handled slander other use of the information network, has carried on the clear regulation to the information network dissemination of false information, in the network information spread false information into the adjusting range of affray crime. The judicial interpretation will be the use of information networks and abuse, threatening to others and fabricate false information or knowledge is fabricated the false information in the network information spread causing public disorder, convicted and punished for the crime of affray. Through the judicial interpretation will spread false information into the crime of affray is a breakthrough, in the fight against the spread of false information has played a huge role. However, by way of judicial interpretation will be false information in virtual environment of network information into the affray after adjusting range of legitimacy, necessity and the constitution, in legal research and judicial practice had a larger debate. At the same time, the judicial interpretation did not further differentiate occurs in network information abuse, threatening to others and in a real physical space abuse intimidate others have why to distinguish; information under the network environment, abusive, intimidating others whether there are other bad situation; information network virtual environment on the existence of public order, public disorder criteria; information under the network environment of the so-called public order whether can have equal protection value and reality of public order; crime of affray in the information under the network environment still need judgment behavior subjective motives, many problems are still controversial. To apply this crime accurate, appropriate sentencing and other problems. In this paper, the fifth part, carries on the comprehensive analysis, the research applies to the law on the crime of affray in the information under the network environment.The first part is the introduction. This part introduced the background, describes the information under the network environment of affray crime applicable laws and significance, briefly under the information network environment disturb the behavior of domestic and foreign research present situation, this part is introduced as well in this paper, we use the research methods and innovations.The second part, under the information network environment crime overview. This part introduced affray crime information under the network environment in the development process, in order to have historical understanding of the crime, through the analysis of the concept of the crime, introduce major scholars in the affray crime and the information network environment of affray crime is no views, analysis the crime under the information network environment to play the actual role, this crime for necessary information in network environment is presented.The third part, identification of the subjective aspect of the crime of provocation information under the network environment. A criminal law on the crime did not make special need motivation, but from the historical evolution of the crime, the current judicial interpretation and judicial practice, this crime has a clear requirement in the aspect of subjective motives, the behavior in the information under the network environment for the people must also meet the requirements of the crime of subjective motives in this part, through the analysis of the requirements of the crime of subjective motives is reasonable or not, through the analysis of the case of identification information under the network environment the subjective motivation in practice and put forward their own views.The third part, identification of the subjective aspect of the crime of provocation information under the network environment. Affray crime to protect the legal interests of the special, the Supreme People’s court in the information under the network environment of affray interpretation will still social order and public order into the information under the network environment of affray crime scope of protection, public order and social order in meaning understanding somewhat different, also the public order and social order in their respective meaning also exist a certain ambiguity; based on the analysis of the meaning of public order and social order, grasp the judicial interpretation of social order and public order.The fifth part, information network environment, disturb the crime of sentencing. In the study of criminal law and criminal judicial practice, the conviction is always top priority, in contrast to the sentencing the degree of concern is apparent on the low side, different punishment with the crime situation in reality, this part through the guiding opinions of the combing of the Supreme People’s court and some local higher people’s court of the sentencing of the crime and the detailed rules for the implementation, different sentencing of the crime by comparing the different provinces explore the reasons, the information under the network environment the sentencing of the crime should exist differences are put forward their own views.