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Criminal Responsibility Of Internet Platform Providers

Posted on:2020-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:C J LiFull Text:PDF
GTID:2416330572990906Subject:legal
Abstract/Summary:PDF Full Text Request
In the wake of developments in internet.As it were,basic necessities of life and work and even amusement all depend on internet.Especially in recent years,without WeChat and Alipay,merchants can't do their business.Every walk of life depend on internet to carry out the work.Social software exploited many duties like video chat and live steaming.All the changes are depend on network platform's support.Network platform just like social organization,infiltrates every aspect of our life.With the rapid development of the network platforms,relevant regulations are out of step.Counterfeit and shoddy goods.False information.Live video streaming in utter disorder.Network technique hasn't will.Once be crime tools,the destructive power will be beyond comparison.It is necessary to clarify the responsibility between internet platform provider and user,and to clarify the neutral behavior helps theory and one-sided helper theory to solve crime problem.We have to figure out creative ways when traditional criminal law theory unable to make comprehensive evaluation.Banging the drum for technology neutral,blindly chase the freedom of using internet,causing serious public disorder.However,overly limit will obstruct the development of internet.Seek the balance between freedom and order has always been a challenge.The use of the internet from elite changes into the general public.Big computer changes into mobile phone.The number of internet platform come into being.The users of WeChat and Microblog come up to tens of thousands.Once a crime has been committed through the internet platform,the social impact went without saying.Whether it should be Internet platform provider's criminal responsibility for the crime occurred in the internet platform.Single user lacks of quantitative,but the profit violation is serious objectively.In this case,how to account responsibility.This article discusses what is the internet platform provider's criminal responsibility,and explain the concept of internet platform provider.This article will discuss the theoretical disagreement of neutral behavior helps and one-sided helper.Though the study about<Amendment ix to criminal law>,analyze internet platform provider's criminal subject status and obligation.Internet platform is neutral platform or management responsibility bearer,confirm the responsibility of internet platform provider is the key point of this article.Traditional criminal law theory and judicial interpretation can't explain the internet alienation,especially on the problem of 'technology neutral'.The case about QvodPlayer is still a controversy in theoretical research,provides us some inspiration for the handle of internet platform's crime.Focus on the legislation about internet crime in<Amendment ix to criminal law>,there are a lot of controversy in academic departments.Whether the theory of neutral behavior helps and one-sided helper can make comprehensive evaluation about internet platform's crime.Whether internet platform provider should be the subject of criminal responsibility,and how to figure its extent of liability.This article will focus on those issues,and make a proposal about sanctions path.
Keywords/Search Tags:Internet platform provider, Neutral behavior helps, The one-sided accomplice, Criminal regulation path
PDF Full Text Request
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