Criminal Law Evaluation Of "Fast-Broadcasting"

The rapid-broadcast case is a typical case of criminal law intervention in the network platform for legal regulation.With the development of the social progress of science and technology civilization,the arrival of the network age will also accompany the emergence of new forms of crime.Through the analysis of the rapid-broadcast case,this paper makes people have a gradual understanding of the crime of spreading obscene articles.From the definition of the principle of technology neutrality,it can be traced back to the history of its emergence and what it applies to.Is this communication behavior technically neutral or is it a helping act?The neutral behavior of the network is only one kind of the neutral behavior,which appears in the special industry and in the network operation.How to commit a crime of network neutrality should be considered from many aspects,whether we know or intend to know the nature of the technology and business of network company in subjective aspect.This paper discusses the nature of communication and explains its background and significance.The essence of the criminal law to regulate the network platform is that the provider of the network platform is lazy to fulfill the supervision obligation of the platform,and its theoretical basis is the non-act crime rather than the neutral helper crime.The importance of the network determines the importance of the network platform provider,which is also the root of the criminal law to regulate the network platform provider.From the perspective of regulatory obligations,this paper compares the legal provisions of China's Internet service providers with those of foreign countries,and considers the mutual rights and obligations between managers and communicators.The conclusion is drawn on the game relation between legal regulation and scientific and technological progress.The interpretation of the constitutive elements of the omission of the network service provider of this crime is basically the same as that of the crime of refusing to perform the duty of information network security management,that is,after discovering the contents prohibited by law,the author fails to perform the statutory management duties.Order rectification instead of rectification,so as to get the crime of spreading obscene articles for profit.In legislation,we should balance the crime,add the legal provisions to protect minors'online reading game restriction,and assist with the technical support of the network platform,perfect the network supervision technology,and strengthen the international exchange and cooperation.