Study On Network Service Provider’s Criminal Responsibility In China

Internet crime presents a frequent high incidence of the situation,which is more complex and controversial network service providers as a criminal responsibility.Although the legislation has been provided,when it is not comprehensive is not specific,controversy,that difficult.In view of this,this paper discusses the criminal responsibility of the network service provider as the research object,so as to help the relevant theoretical research and judicial practice.In addition to the introduction and conclusion,the full text is divided into four parts:In the first part,the definition and classification of the network service provider and the model of the criminal responsibility are discussed.The second part is based on the investigation of the criminal responsibility,and the status quo and the problem are carried out.Analysis,the "knowingly" that the network service providers as the scope of obligations,accomplice is committed to the crime of incrimination caused by incompatibility problems,network help behavior into the criminalization of the trend was analyzed.The third part of the United States,Germany,Japan and the relevant provisions of the judicial practice of the study,the neutral help behavior of the assessment,summed up the experience of foreign countries to learn from.The fourth part puts forward the idea of perfecting the criminal responsibility of the network service provider,one is to add the terms to solve the problem that the crime is incompatible to the crime,and the second is to explain the "neutral" help behavior of the network.Clear the specific criteria for the establishment of the crime.