Research On Criminal Responsibility Path Of Internet Intermediary Service Provision Behavior

Now the network has entered the era of cyberspace,which is changing the social outlook in an all-round way.The network has become a remarkable symbol of modern society.The network not only facilitates people’s life,but also provides a new field for crime.In the context of the information age,it has become an issue of the times to construct a criminal law response system adapted to the development of the network.Network crime can not be separated from the support of network technology.Technology has the nature of neutrality.Network thinking should be adopted to deal with network crime.The focus of criminal law should also include the Internet intermediary service provision behavior.The criminal law of our country has the responsibility of omission,accomplice and the responsibility of “regarding assisting behavior act as principal”.How to accurately apply these three modes of liability is directly related to the responsibility identification of Internet intermediary service providers.The full text contains more than 47,000 words,which are divided into the following four parts:Part I: Definition of Internet intermediary service provision behavior.Network service provisioning behavior can be divided into network intermediary service provisioning behavior and network content service provisioning behavior according to its main functions.Because of the different types of behavior,there are direct and indirect crimes in network service provision.The act of providing network content service directly provides network information content,and needs to be responsible for its own behavior.The criminal law of our country can completely evaluate and regulate the direct crime of providing network service.The act of providing network intermediary services is a contribution to other people’s crime,not a direct violation of legal interests,so this kind of situation is the focus of criminal law theory.Internet Intermediary Service Provision Behavior is the Network Embodiment of Neutral Help Behavior.The definition of the nature of network intermediary service provision should be based on the theory of neutral help behavior,and the particularity of network intermediary service provision should also be taken into account.Part Ⅱ: Combing the Responsibility Path of Internet Intermediary Service Provision Behavior This paper divides the imputation path of Internet intermediary service provision behavior into three kinds: the path of omission,the path ofaccomplice and the responsibility of “assisting behavior act as principal” path mode.To sort out the legal provisions of the Internet intermediary service provider’s omission constituting a crime,its conviction is of realistic necessity and theoretical rationality.The path model of omission is based on the theoretical basis of the guarantor.The path model of accomplice enlarges its normative radius based on the theory of one-sided accomplice,and realizes the regulation of alienation of traditional criminal network to a certain extent.The evaluation of accomplice behavior by the path model of “regarding assisting behavior act as principal” is no longer dependent on the principal offender,and has an independent constitution of crime,which is a legal phenomenon in the theoretical context of the system of distinguishing accomplices.Part Ⅲ: Reflections on the responsibility path of Internet intermediary service provision behavior.Firstly,it examines the relationship between different paths in macro-level in order to have a macro-level understanding of the imputation path of Internet intermediary service provision behavior.Secondly,from the micro level,the internal analysis of each path model is carried out,and each path is examined theoretically.In practice,the path model of omission does not differentiate the subjects of obligations,which also leads to the widening of the legal obligations of Internet intermediary service providers.The path model of accomplice is based on the theory of joint crime,and the accomplice is subordinate to the principal offender.The criminal liability of Internet service provision also depends on the evaluation of the principal offender.In the absence of the principal offender,the path model of accomplice is useless.Principalization of accomplice is the product of the theory system of distinguishing accomplice.The theory of joint crime in our country adopts double-level distinguishing system for the classification of accomplice.The conviction and sentencing of accomplices are solved step by step by different classification methods of accomplices,and accomplice principledization is inconsistent with our theory of joint crime.Part Ⅳ: The perfection of the imputation path of Internet intermediary service provision behavior.In view of the defects of each path in the third part,the article puts forward corresponding improvement methods.By restricting the broad formal obligations through the typification and substantive obligations of network intermediary service providers,we can improve the path model of omission.The pathmodel of accomplice should weaken the subjective requirement of the establishment of joint crime and recognize one-sided accomplice.Helpers in the provision of Internet intermediary services should be sentenced reasonably according to their role in joint crime in order to achieve a balance between crime and punishment.The path of the “regarding assisting behavior act as principal” should be limited appropriately,and the scope of the perpetration should be those network helping acts that have already been typified and independent,not all of them should be regarded as principal.