The Criminal Regulation Of Picking Quarrels And Making Trouble Online

With the development of Internet and the urgent necessity of cracking down on crimes,The Supreme People's Court and the Supreme People's Procuratorate issued Interpretation of Several Issues about the Specific Application of Law in the disposing of Defamation through Information Networks and Other Criminal Cases(hereinafter referred to briefly as Judicial Interpretation 2)in the year of 2013.Internet Judicial Interpretation seems to be able to crack down on Internet rumor.However,it is actually a pocket of improper expansion of the crime of Picking Quarrels and Making Trouble,expanding the scope of crackdowns on the speech and may even infringe citizens' freedom of speech.This thesis discusses and analyses relevant issues concerning t the crime of Picking Quarrels and Making Trouble applied to the Internet in combination with cases beginning with Judicial Interpretation 2.In the crime of Picking Quarrels and Making Trouble,Internet should be defined as a tool,not a "public place".Originally,the crime of Picking Quarrels and Making Trouble only regulated speech of insults and threats.However,there is only speech given and spread on Internet.Undoubtedly,it will increase the scope of regulation of speech,if the crime of Picking Quarrels and Making Trouble is applied to the Internet.Although false information on the Internet needs regulation,it is not a good idea to use the crime of Picking Quarrels and Making Trouble to regulate it.There is full of all kinds of information on the Internet,which is true or false information or comment.It will infringe citizens' freedom of speech of if expanding the scope of the crime of Picking Quarrels and Making Trouble improperly.'Public order'should not include the national credibility and the working order of the marriage registration office through analyzing the judicial cases of improperly interpreting'public order'.At the same time,this thesis also questioned the proof standard of producing "serious disruption" in practice,considering that the proof standard should be unified and should not be judged by the judge only based on the amount of forwarding and the amount of the page views.Finally,this thesis argues that the action of inventing and spreading false information should not be regulated by the crime of Picking Quarrels and Making Trouble,but should be put an article of 'inventing and spreading false information' on article291(1)of Criminal Law.The contents of false information is general false information which is general but different from information of terrors,dangers,outbreaks,disasters,police alarm.However,the application of this.crime should still be subject to the protection of citizens' freedom of speech in the Constitution.