Criminal Regulation System Of Internet Service Providers' Behavior

With the high incidence of cybercrime and the proliferation of new legal benefits,in order to maintain cyberspace security and information security,it is necessary to rebuild the cybercrime system.On the whole,cybercrime behavior,especially the help behavior of network service providers,interferes with the normal order of real space and virtual space,and undermines the existing legal interests.The current criminal law cannot be comprehensively evaluated.In order to effectively regulate the help behavior of network service providers,it is necessary to theoretically discuss this type of behavior and clarify its criminal responsibility.In addition,the "Criminal Law Amendment(IX)" added "helping information network criminal activities" to include it in the scope of criminal law evaluation,but there are still problems in judicial practice,it is difficult to apply accurately,so it is necessary to "help information cybercrime Exploring related issues of activity crime.The concept of network service providers is beginning to appear in the judicial interpretation of the infringement liability of network service providers.It does not originate in the criminal legislation field.At present,there is no agreement on the concept of network service providers.The reason may be due to various forms of new network services.Providers are constantly emerging,so that the connotation and extension of network service providers are characterized by changes.The article attempts to clarify the concept and classification of network service providers by combining different understandings of the subject at home and abroad.The social harm behavior and the independence of the network are becoming more and more obvious.In order to create a safe and orderly network environment,it is necessary to effectively regulate the behavior of the current network service provider.For the nature of cybercrime help behavior,this paper considers it to be a kind of neutral help behavior,and then explores the theory of neutrality of behavioral puerability,and chooses the objective attribution theory as the guilty basis for the information network to help the behavior.According to different functions and functions,the subject of crimes in helping information cybercrime is classified and evaluated.In practice,judicial interpretation has included the network help behavior into the attack radius of the criminal law.It has recognized the one-sided accomplice theory and,to a certain extent,alleviated the dilemma that the help behavior in cyberspace is difficult to obtain effective sanctions,but more thoroughly.The practice is to legislate the behavior of online help--establishing the crime of helping information cybercrime.However,the current conviction of the crime is still not clear enough,and the rules model also has certain difficulties.Therefore,it is necessary to clarify the boundary between the crime and related crimes.And normatively identify concepts such as “knowing”,“serious circumstances” and “consisting other crimes”.