2015Journal of Chongqing University of Posts and TelecommunicationsRequires access

Understanding and Application of Judicial Interpretation about Network Trouble

Zhang Gongdia

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Abstract

Since September 9,2013,Supreme Court and Highest Procuratorate issuedExplanation in regard to some issues of applicable law to deal with the use of information network implementation of libel and other criminal cases,the academic community has some controversies about Explanationof judicial expansion problem to understand and apply to reasonable interpretation of this September Explanationto prevent improper trouble crimes. The Explanationaffirms reasonably that information network belongs to the public place and public order is not limited to public place order,but in order to prevent improper trouble crimes,the information network which has public character should belongs to the public,the network order stir-up-trouble behavior does not belong to the network. Practice should identify strictly thesevere disorder of public order,the judicial should prove strictly causality of action andsevere disorder of public order,insuring the connection of Criminal law and Administrative law on punishment.

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What this paper is about

Since September 9,2013,Supreme Court and Highest Procuratorate issuedExplanation in regard to some issues of applicable law to deal with the use of information network implementation of libel and other criminal cases,the academic community has some controversies about Explanationof judicial expansion problem to understand and apply to reasonable interpretation of this September Explanationto prevent improper trouble crimes. The Explanationaffirms reasonably that information network belongs to the public place and public order is not limited to public place order,but in order to prevent improper trouble crimes,the information network which has public character should belongs to the public,the network order stir-up-trouble behavior does not belong to the network. Practice should identify strictly thesevere disorder of public order,the judicial should prove strictly causality of action andsevere disorder of public order,insuring the connection of Criminal law and Administrative law on punishment.

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Available abstract

Since September 9,2013,Supreme Court and Highest Procuratorate issuedExplanation in regard to some issues of applicable law to deal with the use of information network implementation of libel and other criminal cases,the academic community has some controversies about Explanationof judicial expansion problem to understand and apply to reasonable interpretation of this September Explanationto prevent improper trouble crimes. The Explanationaffirms reasonably that information network belongs to the public place and public order is not limited to public place order,but in order to prevent improper trouble crimes,the information network which has public character should belongs to the public,the network order stir-up-trouble behavior does not belong to the network. Practice should identify strictly thesevere disorder of public order,the judicial should prove strictly causality of action andsevere disorder of public order,insuring the connection of Criminal law and Administrative law on punishment.

Key concepts: Interpretation (philosophy), Order (exchange), Judicial interpretation, Punishment (psychology), Law, Supreme court, Criminal law, Public order

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