| The network neutral helping behavior is an important form of neutral helping behavior.This paper attempts to use the theory of neutral helping behavior to limit the punishment scope of network neutral helping behavior.The first chapter of this article is the introduction.The second chapter summarizes the network neutral helping behavior,and summarizes the concept of network neutral help behavior.And analyze its main body,and conclude that the main body includes three types: network content service provider,network connection service provider and network platform service provider.In the third chapter,we discuss the punishment scope of domestic and foreign scholars for neutral help behavior,and theoretically seek the theoretical basis for supporting and limit the punishment scope of Internet neutral helping behavior.The fourth chapter criticizes the principle of network neutrality helping behavior,and puts forward the conclusion that it should not be committed,because it is the performance of expanding the scope of punishment for the network neutral helping behavior.The fifth chapter from the subjective and objective aspects to discuss how to limit the scope of the punishment scope of network neutral helping behavior.On the subjective aspect,we should first define the "knowing" object,the "knowing" obligation,and limit the "knowing" to "know".In the subjective state,we use Luo Kexin’s theory of intentional deliberate and not intentional theory to discuss concretely.Objectively,we should use objective imputation theory to limit the punishment scope by limiting causality,whether behavior is in line with professional norms,and then comprehensive interest measurement.That is to say,when judging network neutral helping behavior,what kind of risk is not allowed by law? The sixth chapter discusses the specifical scope of punishment for network neutral helping behavior,and classifications and evaluation of different network service providers,and concludes that the punishment scope of different network service providers is different.And discuss specificcal judicial cases,Wei Zexi case and Qvod case. |
