Research on Legal Regulation of Internet-based Behaviours of Picking Quarrels and Provoking Troubles
These authors contributed equally.
- DOI
- 10.2991/assehr.k.220504.446How to use a DOI?
- Keywords
- Picking Quarrels and Provoking Troubles; Crime; Cyber crime
- Abstract
China’s criminal law has not been able to respond in time to the new behaviors of Picking Quarrels and Provoking Troubles in the current cyberspace. Firstly, the Internet-based behaviors of picking quarrels and provoking troubles are not typified in the crime of picking quarrels and provoking troubles in Article 239 of the Criminal Law. The second point is the traditional crime of picking quarrels and provoking troubles itself, as a “pocket crime”, after it enters network, the judicial interpretation of “public order disorder” and “disorder degree” and other issues are controversial. Therefore, the law needs to reasonably regulate the Internet-based behaviors of picking quarrels and provoking troubles. Specifically, to begin with, these online behaviors can be divided into “way violence”, “way of online rumors”, “way of Internet water army”. The classification of this behavior can be more accurate in the judicial practice of conviction and sentencing. Secondly, “causing serious chaos to public order” needs to be reasonably defined. From one point of view, it would not go against the possible prediction of a common person if we interpret “cyberspace” as a “public place”. From another point of view, the judgment of “serious chaos” is mainly considered from three aspects including severity of behaviour, the spread and influence of behavior on the network and impact on the victims involved. At present, after reasonable and effective interpretation, criminal law can effectively regulate the Internet-based behaviors of picking quarrels and provoking troubles, so there is no need to set up a new crime alone.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article distributed under the CC BY-NC 4.0 license.
Cite this article
TY - CONF AU - Bo Zhang AU - Guoliang Zhang AU - Qiyu Zhang PY - 2022 DA - 2022/06/01 TI - Research on Legal Regulation of Internet-based Behaviours of Picking Quarrels and Provoking Troubles BT - Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022) PB - Atlantis Press SP - 2466 EP - 2472 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220504.446 DO - 10.2991/assehr.k.220504.446 ID - Zhang2022 ER -