Research On The Judicial Application Of The Crime Of Network Defiance

At present,with the rapid development of the Internet,the number of Internet users is becoming larger and larger,reaching the peak in recent years at the end of 2021.According to the 49 th statistical report on China’s Internet Development released by China Internet Information Center,as of December 2021,the number of Internet users in China had reached 1.032 billion,an increase of 42.96 million compared with December 2020,and the Internet penetration rate was as high as 73.0%.The development of information network in the process of development has greatly changed our life,production mode and social form.At the same time,China’s traditional system has suffered a large-scale impact,which has a far-reaching impact on the legal system.On the one hand,the impact is reflected in the game of traditional basic theory,on the other hand,it has brought difficulties to how to apply the law in judicial practice.In September 2013,the Supreme People’s court and the Supreme People’s Procuratorate jointly issued the interpretation on Several Issues concerning the application of laws in handling criminal cases such as defamation through information networks(hereinafter referred to as the "network interpretation").The judicial interpretation takes the frequent behavior of "abusing and intimidating by using the information network" and "fabricating and disseminating false information" in the information network as a new behavior model and identifies it as the crime of provocation and trouble making.The introduction of the judicial interpretation is not only to warn and remind network users to use the Internet scientifically and reasonably,but also to standardize their words and deeds,but also to provide legal and theoretical basis for curbing provocative behavior in the network.However,the emergence of new things is always accompanied by disputes.For example,the concepts of cyberspace and public order are not clear,which will undoubtedly aggravate the pocket tendency of network provocation crime in judicial application.Many innovative provisions in the network interpretation are quite different from the traditional criminal law theory,which not only puts forward a new thinking direction for the traditional theoretical research,but also provides different research angles for judicial practice,At present,the controversy is still continuingThis paper is mainly divided into five parts:The first part introduces the introduction,which mainly introduces the research background,current situation,research purpose,research methods and so on.The second part introduces the overview of the crime of provocation,mainly including the historical evolution,concept,inscape,kinds and features of the crime of provocation.The third part introduces the typical case and focus of the controversy about the crime of network defiance.It mainly puts forward three dispute focuses around typical cases: the definition of the nature of cyberspace,the identification of the concept of public order and the identification of the property of publishing false information on the InternetThe fourth part introduces the problems including the judicial application of the crime of network provocation,mainly containing the unclear conviction and sentencing standard of the crime of network provocation,the unclear definition of "false information" and "knowing",and the serious "pocket" tendency of the crime of network provocation.The fifth part introduces the suggestions to improve the application of the crime of network provocation.For the questions raised in the previous chapter,it make some recommends,such as identifying the conviction and sentencing standards of the crime of network provocation,correctly defining the connotation of "false information" and "knowing" in the crime of network provocation,and limiting the "pocket" tendency of the crime of network provocation.