Comments On The Case Of Picking Troubles Of Sun Moumou

With the development of network technology,the number of criminals using the network to conduct criminal activities is gradually increasing.In these cybercrimes,there are often differences in the guilt of the perpetrator in practice due to the unclear legal provisions.For example,in practice,the use of online postings to insult state officials is qualitatively controversial.Some believe that it constitutes a crime of defamation;some believe that it constitutes a crime of creating disturbances.In the Sun Moumou case of provoking quarrels,the focus of the dispute is how Sun Moumou’s behavior of publishing false information in cyberspace to abuse public officials should be defined and how it should be convicted and punished in the end.The original court of first instance found that Sun constituted a crime of defamation,and after appeal and remand for retrial,the first and second instance courts after retrial held that Sun constituted the crime of provoking quarrels in accordance with the law.By studying relevant laws and regulations,analyzing the specific behavior of the perpetrator of the case,and analyzing whether Sun’s behavior constitutes a crime of defamation,we can determine whether the perpetrator ’s false information is subject to criminal intent and behavior that damages the reputation of others.Analyze whether people objectively cause damage to the reputation of others.For the analysis of whether Sun’s behavior constitutes the crime of picking up quarrels and provoking quarrels,it can be explored from two aspects: whether the behavior of the perpetrator spreading false information belongs to the category of rioting and whether it has caused serious chaos in the order of social public places.According to the analysis,Sun’s behavior of publishing false information and insulting public officials in cyberspace meets the constitutive requirements of both the crime of defamation and the crime of creating quarrels.It is an imaginary joint criminal and should be treated as a felony.Conviction and punishment.