The Limit Of Internet Service Provider's Criminal Responsibility

The development of Internet brings convenience for the society.At the same time,due to its particularity,it causes serious impact on Criminal Law theory and justice.Our Criminal Legislation and Justic respond actively to this situation.Since the Amendment IX to the Criminal Law,the criminal responsibility system of the Internet Service Provider has three modes,including the responsibility of complicity,accomplice crime responsibility,no-action responsibility,expand the space of crime to the Internet Service Provider.But based on the neutrality of Internet Service Provider behavior,the article thinks the crime threshold for them is too low.Based on the particularity of neutral behavior,the view of Criminal Law theory is strictly punished,each theory has a lot views,such as social suitability,the theory of objective imputation.This article thinks the premise of Internet Service Provider has criminal responsibility is whether he has duty of care to prevent others use his neutral behavior to commit crime;If has,whether the harmful result can be avoided,using the theory of objective imputation to define causal relationship between the neutral behavior and harmful result.Finally,whether the actor knows the plan of crime and wants to help others commit crime.Based on these conditions,in general,the behavior of Internet Service Provider don't have criminal responsibility.Firstly,different types of Internet Service Provider have different duty of care,and fulfill its obligations maybe can't avoid the harmful result.Secondly,the Internet Service Provider service behavior is neutral business behavior,objectively,it did not manufacture risk that the law does not allowed,subjectively,they don't want to help others commit crime.Therefore,in order to limit the criminal responsibility of Internet Service Provider,we need to complete accomplice liability theory,clear the types of help,classify "knowingly" and "serious situation" by limiting the explanation.In a word,we should confirm the criminal standard according to the type of Internet Service Provider.