Research Of Network Service Provider Criminal Responsibility

With the rapid development of computer technology,mankind has entered the Internet era,the explosion of information on the existing social relations,continue to challenge the order,and profoundly changing people's lives of social space,the network has become the people's basic living platform,and from the beginning of the "virtual" to "reality" transition,network behavior is no longer simply the virtual behavior,it is given more and more social significance,the real space is gradually towards integration,"double society" is gradually formed.The network service provider as a new legal entity,must bear some legal responsibility for their actions,the traditional criminal law theory has a strong challenge,"criminal law amendment(nine)" article 28,29 is introduced in this context.However,the previous research in the theoretical circle and the criminal law amendment(nine)have not fully and accurately defined the criminal responsibility of Internet service providers,and the relevant laws and regulations need to be limited.We should see that the development of the Internet industry is accompanied by black and gray industrial network industry,the implementation of crime belongs to the black industry using the network,to provide technical support and help for the network crime is gray industry.In judicial practice,should be the crime of risk prevention and Internet innovation value oriented,to combat cyber crime effectively,the formation of legitimate crime crime mechanism,fundamentally grasp the criminal responsibility of the network service providers,network services to improve China's legal environment,promote the healthy and orderly development of network space.One of the network service provider as the Internet world role can not be ignored,in the protection of Internet security,guiding the public opinion and plays an important role in curbing the new network crime and the protection of personality and privacy etc..However,the network is not illegal and criminal acts outside the law,strengthen the criminal law obligation of the network service provider,so as to achieve the balance of interests between freedom of speech and network technology progress,become the world trend of criminal legislation.In this context,China's criminal law amendment(nine),through two provisions on the criminal liability of Internet service providers,initially formed a criminal responsibility system for Internet service providers in china.However,the relationship between the criminal responsibility model and the criminal liability model is still unclear and the relationship is unclear.On the basis of sorting out the argument,this paper puts forward the criminal responsibility model of the Internet service provider through the in-depth study of the implementation behavior and the neutral help behavior of the network service provider.