The Boundary Of Regulation Of Network Neutrality

With the rapid development of network technology,a large number of cyber crimes cannot be ruled by criminal law very well.Criminal law need proper explanations when met network neutrality.Amendment of criminal law brings some explanations about network neutrality,but also brings confusions too.So this research will play great role in both theory and practice.In terms of theoretical value,researching the network neutrality intensively helps to understand the essence of it,and makes sense of the difference between true network neutrality and fake network neutrality which can resolve disputes caused by distinct levels of understanding.At the same time,control strictly the boundary of criminal law regulation under the schuldprinzip and the principle of cautious punishment also pivotal.In terms of practical significance,researching the network neutrality intensively helps judicial personnel distinguish the true network neutrality and the fake one correctly,in order to affirm which behavior truly needs regulations.In addition to the introduction,the full text is about thirty-five thousand words,four parts.The first part is reasonable definition of network neutrality.Divide ISP into three categories,and strictly distinguish the difference of them.Then,point out that network neutrality is the behavior that made by OSP which helps to criminal process,but normal and legal outside.Point out that true network neutrality may change to fake network neutrality by the example of kuro,which because of lacking of network ethics and relevant laws and regulations.The second part is the types and punishment analysis of network neutrality.Taking the behavior as the classification standard,the network neutrality is divided into the active one and omission one.Taking the process as the classification standard,divide network neutrality into the before qualitative one and the after qualitative one.Whether positive act or not,Intentional network neutrality and the after qualitative one should be punished.Finally,according to ISP can become responsibility subject and subordinate legal theory,the criminal law regulation can be put on the network neutrality.The third part is problems of how to regulation network neutrality.On the problem of intentional connection,network neutrality is not like traditional accomplice theory,so there are difficulties in the determination of the extent to which the meaning of the connection.On the problem of tracing principal offender,it could not all be found because of network features.In addition,so much underage offenders cannot be punished according to schuldprinzip.On the problem of joint action,technical and practical action are not simultaneity,and helping behavior in network neutrality play a pivotal role in joint crime.On the problem of existing law,amendment of criminal law brings some explanations about network neutrality,but also brings confusions too.The forth part is the way of network neutrality criminal law.Give consideration to both regulations and the boundary of it.To see network neutrality as a crime should uphold the principle of proportionality and the requirements of restraining criminal law.At the same time,the regulation of the network neutrality must meet four conditions,namely,the main constraints,the results restrictions,the objective constraints,as well as subjective constraints,and four cases should be excluded from the crime.It is difficult to deal with network neutrality;the reason for it is that network neutrality breaks through the traditional cognition of joint crime.The first way to solve this problem is to understand the difference between true network neutrality and the fake one correctly.The second way is to analysis on the constitutive elements of the crime of network neutrality.