<p> and promises to be a controversial legal interpretation problem. Objections can be relatively easy to find look more for good reason: 1. Information Network is not "public place." In accordance with Article 291 of the Penal Code stipulates that the State management staff gathered to disturb public security stations,air jordan, wharves, civil airports, shopping malls,woolrich outlet, parks, theaters,zanotti femme, exhibitions,hogan outlet, sports grounds or other public places, gathered to block traffic or undermine traffic order, resist, hinder perform their duties,peuterey donna, in serious cases, constitute a mob to disturb public order,woolrich prezzi, traffic order. Article 291 in the Penal Code.</p>
<p> cyberspace does not include the information in the "public places", so "public place" is not free to explain expansion to information in cyberspace. This depends both on the specific provisions of criminal law provisions,nike air max 2015, but also on the characteristics of our criminal law system. The concept uses the same words in the criminal law should be consistent, this is a big principle, but not absolute. According to the literal meaning of everyday language, "public place" is the provisions of Penal Code section 291 "public places", of course, this in itself is changing - can contain information in cyberspace sense of "public places" increasingly accepted by people. Therefore, the Penal Code section 293, paragraph 4 of "public places" explains expand the information network system of public space, is acceptable. Penal Code section 293,outlet moncler, paragraph 4, and the other three counts description,perle pandora, the constituent elements without any legal constraints we can not be "public place" to explain the expansion of information in cyberspace. 3. Penal Code section 293.</p>
<p> audio files,pjs doudoune, electronic publications, pictures, articles, short message" and other obscene electronic information and voice platform obscene voice messages, are treated as "obscene materials" treatment. Similarly,outlet nike online, "public place" is a public gathering, access and exchange places, both in the real world really exists, "stations, wharves, civil airports,tn soldes, shopping malls, parks, theaters, exhibitions, sports grounds" and other places, including open electronic exchange of information on the Internet "place." 2. Penal Code section 293,hollister paris, paragraph 4, of the "public place" with the provisions of Penal Code section 291 "public places" inconsistent. Penal Code section 291 counts the characteristics described in the decision, its provisions "public places" can only be real world real physical space.</p>
<p> which is a relatively reasonable expansion of explanation, there is no violation of the principle of legality, is acceptable. The following reasons: 1. Modern society has entered the information society, "public place" and explained the concept of the information society in line with the change is acceptable, the Internet various websites,air jordan italia, home, message boards and other cyberspace with the "public places" attribute. Once materialized the concept of the information society to adapt to the changing situation do explain information, previous judicial practice also have this precedent. In criminal law Chapter IX "production,nike air max, trafficking, dissemination of pornographic material" for example, if literally interpreted, this section among a variety of specific criminal acts objects "obscene materials", only obscene books, films, video tapes, video tapes, photographs, and once widespread but now use fewer discs and so on, Penal Code section 367, paragraph 1, as well exemplified "pornographic materials", but in judicial practice on information networks "Video files.</p>
<p> paragraph 4 provides that "public places stir trouble, causing serious disruption of public order", constitute the crime of affray; information network system space in "public places" fabricating and spreading false information.</p>
<p> the legislator on the "public places" has a definite list, item 4 of Article 293 of the Penal Code which "public place" should be consistent therewith. 2. fabricated on the information networks and dissemination of false information, will not cause confusion information network order,outlet peuterey, even if the perpetrator fabricating and spreading false information on an information network or knowingly spread false information and caused confusion reality of the social order,nike sito ufficiale, It does not conform to the provisions of Penal Code section 293 paragraph 4 of. 3. Based on the above, the provisions of Penal Code section 293 if paragraph 4 of the application, not the expansion of interpretation,hogan rebel, but applies by analogy (analogical interpretation) "Public place" concept of Penal Code section 293 paragraph 4 of violation of the principle of legality. The author believes that the provisions of Penal Code section 293 apply to the first four.</p>
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