Study On The Criminal Identification Of Internet Neutral Assistant Behavior

The theory of neutral behavior has a long history,which refers to some daily behaviors that seem innocent,but objectively helpful for crimes.Derivating to the Internet field,these behaviors are called “Internet neutral behavior”.Although the theory of neutral behavior has not yet paid enough attention in China,it is the front end of the world in the field of criminal legislation.The Amendment IX to Criminal Law has set up “crime of providing assistance for network crime”,which brings Internet neutral behavior into crime circle and sets up an independent punishiment.However,the rapid criminal legislation process,has been leading the Internet neutral behavior of the criminal law applicable to the normative questioned,and scholars are modesty skeptical on the Internet neutral behavior of independent crime,as well as the basis for its criminal responsibility,and the scope of the law can be punished.In order to accurately apply the criminal legal norms,this text intends to take the Internet neutral behavior as the research object,on the basis of the investigation of the crime path,the criminal responsibility form and the punishment basis to be combed,and then explore the law of China’s Internet neutral behavior in objective and subjective aspects of the identification and application.The full text of about 47000 words,mainly divided into the following sections:The first part is summary description of Internet neutral behavior’s connotation and profiles.First of all,on the basis of the concept of Internet neutral behavior,defining the essential characteristics of Internet neutral behavior is “neutrality”,which also has the common features and the unique characteristics of cybercrime.Secondly,from the perspective of legislation at both home and abroad to introduce the evolution,thus,there is a analysis can be seen in China compared to foreign in the field of legislation.Finally,through the empirical analysis of the current situation of the crime in our country,we can find that the situation of Internet neutral behavior in our country actually helps the network crime,and there is a series of problems that the application standard of criminal law is not prescriptive,the common crime form is not unified,and the discrimination is not balanced.The second part analyzing the causes of independent legal punishment of Internet neutral behavior.The analysis of the path to crime of “crime of providing assistance for network crime”,is mainly from the real support,the legitimacy analysis,and the necessity,which focuses on the legitimacy of the analysis and the basis of necessity.First of all,the Internet neutral behavior is serious social harm,against the legal model of network alienation and strong subjective accountability.Second,the need for Internet neutral behavior is based on the previous criminal law set the flaws,break the rules lead to sentencing imbalance and judicial practice.The thirth part is to identify the basis of criminal liability of Internet neutral behavior.The Amendment IX to Criminal Law has set up “ crime of providing assistance for network crime”,which brings Internet neutral behavior into crime circle and sets up an independent legal punishment.However,scholars are modesty skeptical on the Internet neutral behavior of independent crime,as well as the basis for its criminal responsibility,and the scope of the law can be punished.According to the systematic interpretation of the norms of criminal law,“Internet neutral behavior to help behavior is committed” point of view should be affirmed,and then recognize the Internet neutral behavior to help the criminal responsibility to bear the independence of the way.At the same time,this part also explores the basis of punishment for online neutrality.In the premise of the German theory of neutral help behavior under the premise of combing the assessment,pointed out that the subjective,objective that have their drawbacks,so that compromise is more desirable.In this way,the use of tradeoffs to study the network to help neutral behavior,should be from the perspective of the unity of subjective and objective,the Internet neutral behavior is responsible and subjective responsibility basis for a reasonable identification,so effective and comprehensive delineation of Internet neutral behavior.The forth part is objective aspect of Internet neutral behavior.Relying on the provisions of the criminal law in accordance with the law,it is from the type of behavior,“serious circumstances” and the physical and causal relationship to make substantive interpretation: The type of behavior in the network service provider network content management obligations on the basis of discussion,respectively,network access service providers and network platform providers to analyze the form of neutral help behavior;“serious circumstances” to identify the case of the law The pattern of serious “situation”and explain the situation;physical causal relationship between the role of judgment from the promotion of the objective reality,to promote the role of post-evaluation,to promote the role of the degree to be achieved in three aspects of the analysis.The fifth part is subjective aspect of Internet neutral behavior.On the basis of determining the subjective purpose of the network service provider,the object of the network service provider is defined by the subjective cognition content and the subjective intention of the network service provider.The object of the network service provider is that “he use of the information network”,And “knowingly” should be identified under the “red flag” rule,and the scope of intent should be limited by the quantification of electronic data.The sixth part of the problem of assisting the Crime of Cybercrime,analyzes the relationship between the crime of assisting the information network and the criminal duty from the specific level after dealing with the problem of “taking the other crime at the same time”.