Research On Network Neutral Behaviors

With the advent of the era of "Internet",the service behaviors,such as network platform,software technology support and communication,provided by network service providers are business behaviors in daily transactions,which are necessary behaviors for the benefit in social life.However,while providing convenience to the public,technology services on the Internet are also used for illegal and criminal activities,such as sharing pirated movies and software resources through Internet platforms and spreading obscene videos through network players.By summarizing the controversy focus of the QvodPlayer case,this paper deeply reflects on and studies the imputation path of neutral behaviors on the internet and the criminal liability mode of network service providers.This paper is divided into four parts:1.The core areas of illegal network neutral behaviorsThis part analyzes and discusses whether the subjective forms of guilt,act of perpetrating and behaviors of the parties involved in the QvodPlayer case belong to the non-penalized neutral behaviors by summarizing the academic controversies on QvodPlayer case and combining Kuro infringement cases in Taiwan.2.The existing ideas of neutral behavior theoryThis paper supports the restrictive punishment theory.The restrictive punishment theory is subdivided into subjective theory and objective theory according to whether the subjective aspect of perpetrators is completely disregarded.Through the introduction and comparison of social equivalent theory,retrospective and forbidding theory,hypothetical causality theory,interest measurement theory,the subjectivism of promotion and Roxin's subjectivism,the pros and cons of the theory of punishing of neutral behaviors are reviewed.The author agrees more with Roxin that the theory can achieve a unity of subjectivity and objectivity when limiting the criminal liability of neutral behaviors.3.Reflection on the application of neutral behavior theory Because new characteristics of network neutral behaviors that are different from the traditional neutral behaviors,theory of neutral behaviors has loopholes in its application.Therefore,this paper introduces the Napster case in the United States and the Winny case in Japan,and compares and reviews the QvodPlayer case to explore three concerns that need to be considered when investigating the attribution of network neutral behaviors:Whether the actor is subjectively intentional,whether the actor has sufficient supervisory capacity,and whether the neutral technology is mainly used to commit crimes,4.Reconstruction of neutral behavior theoryBased on the basic theories such as the nature of accessory and the punishment basis,the imputation path of network neutral behavior is reconstructed.This paper classifies the network neutral behaviors into two situations-eventual intent,General Intent and determinate intent,which are discussed based on the interest measurement theory,risk increase theory and trust theory.In addition,drawing on domestic and foreign legislative experience,we reclassify the types of network service providers and evaluate their respective criminal liability by measuring the strengths and weaknesses of each kind of network service provider's guarantor status and its degree of regulatory obligations.Meanwhile,the QvodPlayer case is reviewed.