“网络辱骂型”寻衅滋事应当将“破坏社会秩序”作为其主观要素,而非通常认为的“流氓动机”或“无事生非”动机。这是由刑法和司法解释的文理逻辑及体系解释方法所决定的,亦是罪刑法定和罪行均衡原则在“网络诽谤”这一言论类犯罪中的具体体现。 “Network abusive type ” provocations should “destroy the social order ” as its subjective element, rather than what is commonly considered “rogue motivation” or “no matter what ” motivation. This is determined by the logic of law and the judicial interpretation of the logic of the system and the method of interpretation of the system is also a crime statutory principle and the principle of balance of crime in the “network defamation ” This crime is a manifestation of crime.