The Neutral Help Behavior Of The Internet Service Providers' Criminal Responsibility

The QVOD Case has attracted widespread attention from all walks of life.There has been fierce debate in the theoretical and practical circles of criminal law.With the advancement of science and technology,traditional criminal law theory is difficult to deal with the new type of cybercrime.This dissertation focuses on the topic of criminal liability of neutrality of online service providers.The body of this article consists of four parts:In the first part,by defining the concept of neutral service behavior of network service providers,this paper analyzes the universal neutrality,helpfulness,illegality of the helper and other characteristics of the behavior,and further explores the serious harm,breakthrough of this behavior in the context of Internet age,and new features such as independence.The new characteristics generated by the Internet era pose great challenges to the criminal law.In the second part,through the theoretical research on neutral help behaviors at home and abroad,it is clear that the development trend of the foreign penalty doctrine for the behavior is the restriction of punishment,and the theory can be subdivided subjectively,objectively,and compromised.This article interprets and points out the shortcomings of different scholars one by one,and then puts forward the viewpoint of this article,which is biased towards the compromise.In the third part,through the analysis of typical cases related to neutral help behaviors of network service providers,the US Napster case,Japan Winny case,China's QVOD case and Kuro case were selected as the material for further discussion,and then clearly identified judicial attitude and standards of incrimination of neutral aid behaviors of network service providers in different countries.In the fourth part,it firstly analyzes the objective basis and subjective basis for the neutrality of net service providers to commit crimes.Secondly,it analyzes the theoretical basis and criteria for the new crimes set in the “Criminal Law Amendment(IX)”.According to the three forms of liability,the current pattern of accomplices,the pattern of principal offenders,and the refusal to fulfill the statutory obligation model,it further discusses the difficulties and solutions of specific imputation models in judicial practice.Finally,from the perspective of modesty of criminal law,the author discusses the issue of the criminal liability of neutral service providers for network service providers,and provides a new path for seeking legal and reasonable convictions,thus providing some referential options of patterns and paths for judicial practice.