The Criminal Penalty Of Network Neutrality Help Behavior

Neutral helping behavior concept originated in Germany,scholars in Germany's criminal law has a very extensive discussion,help for the neutral actors should bear criminal responsibility what there is controversy with the doctrine of many,along with the rapid development of the Internet,which derived from the network neutrality helping behavior also entered people's field of vision by criminal law researchers.At the same time China is in a period of rapid development of the Internet,the Internet service provider in order to attract more users,get more traffic,to achieve higher economic efficiency,the network service platform tend to commit the crime criminals use their behavior by network technology as a negative attitude,or the use of "technology neutrality" and "technology not guilty" plea,to avoid legal action,2016 Company Nora case in China and the world network field and criminal law circles caused a long for Nora company will own a great disturbance,with automatic caching software video posted on the Internet,a large number of users in the end how to use the spread of pornographic video download qualitative behavior,whether its behavior is a kind of neutral helping behavior,Nora company argued that "technology neutrality" is able to become the elimination of illegality also caused great controversy,accompanied by the "criminal law amendment(nine)" the introduction of the new "help information network criminal activities and crimes,refused to fulfill the obligation of network security management,to further clarify the crime" the network service provider to take the responsibility in providing technical obligations and legal risk,although the "criminal law amendment(nine)" the introduction of effective The fight against cuber crime,maintaining the order of cyberspace,but two new charges for the amendment should be how to understand and how to apply in the judicial practice there are vague and unclear criteria,using the traditional theory of accomplice is able to solve the problem of network crime also needs further study.From the five parts,this paper makes a specific analysis of whether the network neutrality help behavior can be punished by criminal law,as follows:The first part: the second part is the introduction of the concept of "technology neutrality" by introducing the results of the "sow case" and the referee of the broadcast case.The second part: the concept of neutral behavior analysis of traditional concrete help and he,specific analysis of network neutrality helping behavior and existing forms and specific features,then compare the network neutrality to help help neutral behavior behavior and the traditional,leads to the third part of the content.The third part: in order to help the behavior of neutral network more profound criminal punishment,to help the traditional county neutral behavior of the penalty,this part introduces the Chinese behavior theory and neutral network neutrality help help behavior theory of foreign countries,mainly in Germany and Japan to help neutral behavior theory.The fourth part: this part is the core part of this paper is to discuss the specific behavior of the criminal law to help network neutrality penalty,"technology neutrality" is not a defense,whether they can become a justifiable cause,mainly through the actual level objective is against the law and there is subjective two aspects to analyze the liability.The fifth part: this part is the last part of this paper,the theory is to prepare for the judicial practice and support,with the "criminal law amendment(nine)" the introduction of the criminal law on the network service providers in the provision of "neutral help behavior",whether to bear the criminal responsibility,and how he solved the issue of joint crime the current network area made clear,only an accurate understanding of the amendment to the judicial practice in the effective hair network crime,in order to achieve a combination of practice and theory of tacit understanding.