Research On The Criminal Regulation Of Neutral Help Behavior Of Network Service Providers

With the promulgation of the "Criminal Law Amendment(nine)",the neutral help behavior of network service providers has become a hot issue in academic circles.Article Twenty-eight and Article Twenty-nine,part two,respectively stipulate that it violates the information network security management obligations of Internet service providers,and that network technology providers provide network technology support and help.To a certain extent,it has played a certain role in curbing some related cyber crimes that are about to be or are being implemented.However,there are still many problems to be solved in practical application.Therefore,this paper explores the criminal regulation of network service providers’ neutral help behavior from four aspects: the first part,through defining the concept of network service providers’ neutral help behavior,analyzes the characteristics of network service providers ‘neutral help behavior,such as universal neutrality,illegality of the help object,and so on.Further exploring the new characteristics of behavior in the context of the Internet era,such as serious harm,breakthrough of independence,etc.The new characteristics of the Internet era pose new challenges to the criminal law.The second part discusses the relevant criminal law provisions and judicial prosecution at home and abroad.The third part studies the qualitative predicament of the neutral behavior of network service providers in China.Firstly,the penalty boundaries of neutral acts should be defined so as to conduct targeted research and analysis.In the further analysis of the application dilemma of the specific imputation model,the problem of criminalization caused by the overlap between crime and accomplice.Then it discusses the existing problems and related reasons of the penalty in our country.The fourth part puts forward some suggestions to improve the regulation of neutral help behavior of network service providers in China.Firstly,we should improve the imputation standard,further solve the related problems of the specific imputation model,and finally improve the penalty system of our country.In order to provide some reference for judicial practice to choose regulation mode and path.