Research On The Criminal Responsibility Of Network Service Provider

At present,a variety of network crime emerge increasingly,showing a high incidence.While behind the network crime,network service providers almost everywhere.When the neutral network technology has been used as a powerful tool for illegal and criminal activities,the network service providers in the maintenance of network security has become increasingly prominent position.Accompanied by a series of judicial interpretation of criminal law implemented,the regulation of the network service business behavior has gradually expanded,from civil punishment to criminal sanctions.Especially when amendment nine of criminal law introduced three modes of criminal responsibility on the basis of the model of responsibility of joint crime,including criminal responsibility of internet service providers' assistant to the crime,refusing to fulfill the safety supervision obligation and abuse of the internet technology.This expanding tendency has illustrated the aim at tackling cyber crime frequently.However,for network service providers,what kind of behavior should be included in the form of the scope of regulation and how to apply the criminal responsibility mode.These difficulties are mainly in the following aspects: first of all,how to define the network service provider's safety supervision obligation;secondary,when it comes to whether the neutral help behavior of network service should be punished,how to define the scope of sanction;thirdly,how to distinguish the application of different modes mentioned above.After comparing foreign network service providers criminal responsibility and the theory of criminal responsibility on the basis of practical experience,I will further analyzes the reasons for why China's Internet service provider trapped in the Judicial Dilemma of criminal responsibility modes,and give suggestion of the corresponding measures of improvement,for example,the rules of rational division of network service providers types,which could be a division of the network service commitment range and decide what types of internet support to the network crime,as the basis for "knowing".Then,we need to have reasonable division of the scope of the regulatory obligations on the network services in order to provide the applicable premise for the criminal responsibility for refusing to fulfill the obligations of network security supervision.We also need to define the limits of punishment.Finally,improving the provisions of the criminal law,deleting the contradictory law and formulate corresponding judicial interpretation of the provisions of the law which could explain the vague.