Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022)

Research on Legal Regulation of Internet-based Behaviours of Picking Quarrels and Provoking Troubles

Authors
Bo Zhang1, *, , Guoliang Zhang2, , Qiyu Zhang3,
1Law School, Guangxi Normal University, Guilin, Guangxi, China.
2Faculty of Arts, The University of British Columbia, Canada.
3Law School, Xizang Minzu University, Xianyang, Shanxi, China.

These authors contributed equally.

*Corresponding author. Email: 2017838@chester.ac.uk
Corresponding Author
Bo Zhang
Available Online 1 June 2022.
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.

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Volume Title
Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
1 June 2022
ISBN
978-94-6239-580-0
ISSN
2352-5398
DOI
10.2991/assehr.k.220504.446How to use a DOI?
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  -