Research On The Network Affray Crime

With the rapid development of network information technology,the virtual network space has been fully integrated into the social production and life,as the vast majority of people living in an important part of the law.As a kind of important social norms,exists in all aspects of daily life,safeguard social life orderly and harmonious life.The network not only changed the traditional human behavior patterns,and many challenges impact to the traditional law theory and judicial practice.In order to safeguard the national sovereignty in cyberspace,our country also meet the requirements of the times,continue to strengthen the network legislation,in order to deal with the information network era the emergence of new problems and new phenomena in.In September 2013,the Supreme People’s court,the Supreme People’s Procuratorate issued "on the handling of the use of information network defamation on some issues of applicable law in Criminal Cases Interpretation provisions for the network affray,to combat rampant Internet rumors," provides a basis of criminal law and other serious cyber bullying "disturbing the public order of the malignant behavior,also set up the legal limits for a variety of network activities of citizens in the information network in the daily space,help to regulate the citizens in the space of Internet behavior,but also the effective protection of the legitimate freedom of speech,that" truth "will not be overwhelming Covered by "rumors".Of course,all this is based on the premise of judicial interpretation of the provisions of the reasonable application basis.In the current criminal legislation generalization under the background of the times,in the judicial process should abide by the principles of criminal law,the interpretation of the provisions of the applicable Prudential,to prevent a "chilling effect" in the information network.At the same time should do the work of legal regulation of network affray,perfecting the legal evaluation system,and build a comprehensive network of legal system,safeguarding national sovereignty in cyberspace.Besides foreword and conclusion,this paper has three parts:The first part mainly expounds the legislative evolution of the crime of affray and value analyses tend to disturb the crime of "network",by defining the nature of cyberspace order and rumors and determine the value of legislation of network culvert,disturb the crime,put forward the existing in the application of this crime,and "false information" limited to the rumors,in the full protection of the freedom of speech at the same time,to the maintenance of public order.The second part mainly discusses how to identify the network affray crime,through the analysis of network crime of affray crime,identification of the subjective aspect,the object of their violation,and results of criminal behavior characteristics and the definition of standards,to solve the first part of the problem.The third part mainly discusses how to apply the explain and how to improve the legal evaluation system of network of affray crime in the judicial process,in order to prevent and control the crime,and put forward the comprehensive construction of the legal system of network opinions and suggestions,to provide adequate legal protection to safeguard national sovereignty in cyberspace.