Research On The Judicial Determination Of The Crime Of Picking Quarrels And Provoking Trouble On The Internet

Through the research on the application of the crime of network rumor,this paper combs the basic theory of the crime of network provocation,and makes a basic distinction and introduction to the basic composition of the two types of crime of network provocation: network abuse,intimidation and network false information.This paper focuses on the judicial identification of the objective and subjective aspects of the crime of network defiance.First of all,the objective identification of cyberspace,understanding cyberspace as a "public place" is still a more reasonable expanded explanation."Public place order" is different from "public order",the former is the lower concept of the latter.Secondly,it analyzes the cognitive factors and will factors of the crime of network provocation,the actor’s attitude towards the crime,whether it is out of "rogue motivation" or "arbitrariness",and the fact that the crime can also be established under the condition of indirect intention.Thirdly,it is also a difficult problem in judicial practice to determine the stop form of the crime of network provocation.For the crime of network provocation,there is the situation of crime suspension and attempted crime.For the problem of accomplished crime,the traditional theory of constituent elements should be adopted.Finally,the relationship between this crime and the crime of insult,the crime of defamation and the crime of fabricating and deliberately spreading false terrorist information should be clarified.