| In the network service provider is not criminal responsibility as a problem in the study,the network service provider shall be limited to the unit,and its not as a violation of the regulatory obligations as obligation shall be limited to information content.In this sense,the"network service provider is not as a problem" become a kind of fixed phrase,not referring to the network service provider violation all as the obligation of inaction.Network service providers as combined with a crime,the results of catalytic crime will happen or harm result expands,has serious social harmfulness.Shall be investigated for the network service provider is not as based on criminal responsibility in accordance with the requirements of modernization with the proposed reasonable criminal policy,the deep-seated reason is that the network service provider has the guarantor status,creating legal as a duty.As a criminal responsibility shall be investigated for the network service provider is not should keep the maximum level of discretion and restraint,as much as possible to realize the network crime risk control the balance between innovation and network development,the conflict should focus on the latter,in order to promote the healthy development of the network service provider and the Internet.Refused to "criminal law amendment(9)" to the information security management duty crime,also belong to not as a crime type,but in the aspect of subject range,obligations and network service provider does not as a problem exists difference,the two do not belong to the same concept.Refuses to perform the obligation of information security management of the establishment of sinning against austerity of criminal law and last resort,and has many defects,should be clearly introduced the relevant judicial explanation as soon as possible.In the present judicial practice,it can play with the proviso narrowed the scope of this crime against the function. |
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