On the internet confirmability of crime of picking quarrels and provoking troubles

Аннотация

Criminal law is an instrument of the state, which protects the interests of society from criminal
encroachments, and also prevents crimes. The formulation and interpretation of the criminal law must
follow the principle of modesty and adhere to the inherent spirit of the criminal law, which is insurmountable.
In the criminal law amendment (nine), the crime of “provoking troubles with the Internet”
has caused great controversy in academic circles. Dogmatics of law not only explain the specification of
norms, and need to criticize and guide the legislation, criminal law protection has positive value entity,
and it can not be completely separated from the value category, it explores the standard value of the
guide itself. This paper, from the four layers of legislation, value, social and political philosophy, dealing
with the crime of provoking troubles and picking quarrels, aiming at exploring the potential presupposition
of “provoking troubles” applied on internet that causes disputes in academical circles. Eventually
come to conclusion that “provoking troubles crime” used on internet needs not to be abolished, but must
be used with caution.
Key words: legal interest, free of speech, modern crisis, provoking troubles and picking quarrels.