网络型寻衅滋事犯罪探究

Understanding and Exploration in Network Affray

伴随信息网络化社会的发展趋势,网络型寻衅滋事行为屡见不鲜。与传统的寻衅滋事罪相比,网络型的寻衅滋事具有更强的社会危害性。虽然最高人民法院和最高人民检察院发布了《关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释》,但其在司法适用中仍存在诸多问题,需要加以探析。

As a unique crime in Chinese Criminal Law,affray originated from the rogue crime in the early stage of China. With the development of society,especially with the development of information network society,the case of network affray is often seen. Compared with the traditional affray,it has a stronger social harmfulness. Even though the Supreme People＇s Court and the Supreme People ＇s Procuratorate issued the Interpretation of Several Issues concerning the Application of Law in the Handling of Criminal Cases about Using of information network to implement defamation,the related problem still need to be analysis. This paper focuses on the analysis of Network Affray combining related cases,and provides advice on the applicable of law to this type of crime.